Skip to main content

Full text of "The Constitution of South Carolina: Adopted April 16, 1868, and the Acts & Joint Resolutions of ..."

See other formats


Google 



This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project 

to make the world's books discoverable online. 

It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject 

to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books 

are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. 

Marks, notations and other maiginalia present in the original volume will appear in this file - a reminder of this book's long journey from the 

publisher to a library and finally to you. 

Usage guidelines 

Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the 
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing tliis resource, we liave taken steps to 
prevent abuse by commercial parties, including placing technical restrictions on automated querying. 
We also ask that you: 

+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for 
personal, non-commercial purposes. 

+ Refrain fivm automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine 
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the 
use of public domain materials for these purposes and may be able to help. 

+ Maintain attributionTht GoogXt "watermark" you see on each file is essential for in forming people about this project and helping them find 
additional materials through Google Book Search. Please do not remove it. 

+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just 
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other 
countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of 
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner 
anywhere in the world. Copyright infringement liabili^ can be quite severe. 

About Google Book Search 

Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers 
discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web 

at |http: //books .google .com/I 



il^l^&fifS-d 




^artiacti Collcgr Etbraru 

BRIGHT LEGAOY. 

' Descendants otUcnry nrl)iht,]r., who died at Water- 
town, Mass., in 1636. sireentitlcd to hold scholarships in 
Harvard College, esubliahed in iSSo under the will of 

JONATHAN BROWN BRIGHT 
nf Waltham, Mass., with one half the Income of this 
Legacy. Such descendants falling, nthvr persons are 



...Sid.Uf.c 



H},^' 



^ ^ /^4^(fJ/ 



r ^ THE CONSTITTJTION 



OF 



SOUTH CAROLINA, 

ADOPTED APTi^L 16, 1868, 



ANT) THE 



ACTS AND JOINT RESOLUTIONS 



OF THE 



GENEEAL ASSEMBLY, 



>..«■■ -.^i< # • 



PAS8KD AT THE 



SPECIAL S E S S I .W OF 1868, 



TOGETHER WITH 



THE MILITARY ORDERS THEREIN RE-ENACTED. 



PRINTED BY ORDER OF THE GENERAL ASSEMBLY, AND DESIGNED TO 

FORM A PART OF THE FOURTEENTH VOLUME OF THE STATUTES 

AT LARGE, COMMENCING WITH THE ACTS OP 1868. 



COLUMBIA, S. C: 
JOHN W. BENNY, PRINTER TO THE STATE. 

1SG8. 



4m' 



/AM-^Y-71^ 






U/^ Hta El.dO 



%!f>' 









i 



\ 









^^. 



^mmmmmmm 



THE CONSTITUTION 



OF THE 



STATE OF SOUTH CAROLINA, 



WITH THE 



OBDIJVAJVCHS APPEJ^DED. 



■PPW-T"*- 



\ 



Charleston, S. C, 17th March, 1868. 

This is to certify that this Constitution, and the Ordinances thereunto 
appended, were adopted by a majority of votes by the Constitutional 
Convention of the State of South Carolina, assembled under the Becon* 
Btruction Acts of Congress, and which was held at Charleston, beginning 
on the 14th day of January, and ending on the 17th day of March, 1J68. 

"• A^ Q. MiACKEY, Prudent 

Attest: 
C. J. &xotiBBAju>f Secretary. 



CONSTITUTIOK 



We, the People of the State of South Carolina, in Convention assembled^ A.]>.liMl ^ 
Gratefiil to Almighty God for this opportunity, deliberately and peacea- *^_^ ^ ._^ 
bly of entering into an explicit and solemn compact with each other, and 
forming a new Constitution of civil government for ourselves and pofrr Dedtn^oa 
terity, recognizing the necessity of the protection of the people in all that of rights. , 
pertains to their freedom, safety and tranquility, and imploring the direc- 
tion of the Great Legislator of the Universe, do agree upon, ordain and 
establish the following 

DECLAEATION OF EIGHTS AND FOElif OF GOVEENMENT 
AS THE CONSTITUTION OF THE COMMONWEALTH OP 
SOUTH CAEOLINA. 

AETICLE L 

J>BCLARATION OP RIGHIVI. 

Section 1. All men are bom free and equal — endowed by their Cresr 
tor with certain inalienable rights, among which are the rignts of enjoy- ^ nMl'tv t 
ing and defending their lives and liberties, of acquiring, possessing and meiJ! ^ 

protecting property, and of seeking and obtaining their safety and hap- 
piness. 

Section 2. Slavery shall never exist in this State ; neither shall invol- g 1 1. ^ * ^ - 
untary servitude, except as a punishment for crime, whereof the party shall prohibited, 
have been duly convicted. 

Section 3. All political power is vested in and derived from the peo- political 
pie only ; therefore they have the right, at all times, to modify their fcrm power vested 
of government in such manner as they may deem expedient, when them the people, 
public good demands. - 

Section 4. Every citizen of this State owes paramount allegiance to panmiouiit 
the Constitution and Government of the United States, and no law or allei^iance. 
ordinance of this State in contravention or subversion thereof can have 
any binding force. 

Section 6. This State shall ever remain a member of the American 
Union, and all attempts, from whatever source, or upon whatever pre- indiasoSble.^ 
text, to dissolve the said Union, shall be resisted with the whole power of 
the State. 

Section 6. The right of the people peaceably to assemble to consult Bightof pe- 
for the common good, and to petition the Government, or any department titionandoU- 
thereof, shall never be abridged. cus^oa. 

Section 7. All persons may freely speak, write and publish their senti- 



4 CONSTITUTION OF 

A. D. 1868. inents on any subject, being responsible for the abuse of that right ; and 
^— v-*"^ no laws shall be enacted to restrain or abridge the liberty of speech or of 

the press. 
,^ Section 8. In prosecutions for the publication of papers investigating 

liw! the official conduct of officers or men in public capacity, or when the 

matter published is proper for public information, the truth thereof may 
be given in evidence ; and in all indictments for libel, the jury shall be 
the judges of the law and the facts. 

Section 9. No person shall be 3eprived of the right to worship God 
^^eedom of according to the dictates of his own conscience : Provided, That the lib- 
eoMmeiip^ erty of conscience hereby declared shall not justify practices inconsistent 
with the peace and moral safety of society. 
Beligious SECTION 10. No form of religion shall be established bylaw; but it 
^kbrffkip ifjfo- shall be the duty of the General Assembly to pass suitable laws to pro- 
tected, tect every religious denomination in the peaceable enjoyment of its own 

inode of worship, 
ju^'**^ ^y Section 11. The right of trial by jury shall remain inviolate. 

Section 12. No person shall be disqualified as a witness, or be pre- 
vented from acquiringjij^olding and transmitting property, or be hindered 
.^«'8onalJn acquiring education, or be liable to any other punishment for any 
"^ ef^nce, or be subjected in law to any other restraints or disqualifications 

in regard to any personal rights than such aa are laid upon others under 
like circumstances. 

Section 13. No person shall be held to answer for any crime or ofience 

Bights o f until the same is fully, fairly, plainly, substantially and formally de- 

ftccused per- scribed to him ; or be compelled to accuse or furnish evidence against 

*^^* himself; and every person shall have a right to produce all proofs that 

may be favorable to him,, to meet the witnesses against him face to face, 

fb Mve a speedy and public trial by an impartial jury, and to be fully 

h^krd in his defence by himself or by his counsel, or by both, as he may 

tfcct. 

Section 14. No person shall be arrested, imprisoned, despoiled or dis- 
Ex ^.o«i possessed of his property, immunities or privileges, put out of the protec- 
/fli^^^B tion of the law, exiled or deprived of his life, liberty, or estate, but by 
p/obUHt^o. ^^ judgment of his peers or the law of the lajid. And the General As- 
sembly shall not enact any law that shall subject any person to punish- 
ment without trial by jury ; nor shall he be punished but by virtue of a 
hnw already established, or promulgated prior to the offence, and legally 
iiTOlied. 
Publicity of SECTION 15. All Courts shall be public, and every person, for any in- 
Coorts. |nj*y that he may receive in his lands, goods, person or reputation, shall 

• raxre remedy by due course of law, and justice administered without un- 
nfccessary delay. 
Bight of Section 16. 4kll persons shall, before conviction, be bailable by suf- 
^•il- ficient sureties, except for capital offences, when the proof is evident or 

the presumption great ; and excessive bail shall not, in any case, be re- 
quired, nor corporal punishment inflicted. 
Habeasivor' SECTION 17. The privilege of the writ of habeas corpus shall not be suS- 
>•<>• pended, except when, in case of insurrection, rebellion or invasion, the 

_ ^^ |mblic safety may require it. 
twice fS^Se Section 18. No person, after having been once acquitted by a jury, 
same offence. I^liffl iN$^> fw tile M^ne offa&ee, .beput in jeopardy of his life or lil>etty. 



SOtTfl GABOLISA. $ 

ffiiCTi6Kl9. All offences less than felony, and in which the punish- A. D. 186a 
ment does not exceed a fine of one hundred dollars, or imprisonment for ***i*-v^«»*^ 
fliirty days, shall be tried summarily before a Justice of the Peace, or 
Other officer authorized by law, on information under oath, without in- ^JL'^^'^" 
dictment or intervention of a Grand Jury, saving to the defendant the 
fi^hi of appeal ; and no person shall be held to answer for any higher 
6ttmt or offence unless on presentment of a Grand Jury, except in caseis 
arising in the land and naval service, or in the militia when in actual 
aeirvice in time of war or public danger. 

Sectiok 20. No person shall be imprisoned for debt, except in cases of impriBon- 
fifiattd; and a reasonable amount of property, as a homestead, shall be ment for debt 
exempted from seizure or sale for the payment of any debts or liabilities, 
^cept for the payment of such obligations as are provided for in this 
Constitution. 

Sbction 21. Ko bill of attainder, 6a;^05f/ac^ law, nor any laW impair- obliiration 
Ttttg the obligation of contracts, shall ever be enacted ; and no convietioB of contracts. 
iAsAl work corruption of blood or forfeiture of estate. 

Bicnmbis 22. All persons have a right to be secure from unreasonable 
il^iArches or seizures of their persons, houses, papers or possessions. All Right of 
H^arftots shall be supported by oath or affirmation, and the order of the ®®^^^* 
Mfiirrant to a civil officer to make search or seizure in suspected places, or 
to arrest one or more suspected persons, or to seize their property, shall be 
licc6ii3L^ained with a special designation of the persons or objects of search, 
\IJntbst or seizure ; and no warrant shall be issued but in the cases and 
iWfii <Ae formalities prescribed by the laws. ^ 

Section 23. Private property shall not be taken or applied for public ^. , - 
%8^, or for the use of corporations, or for private use, without the consent ^^^yj ^ 
of the owner or a just compensation being made therefor : Provided, how- 
SttiBT, That laws may be made securing to, persons or corporations the 
Vij^ht of way over the lands of either persons or corporations, and, for 
"ifrorks of internal improvement, the right to establish depots, stations, 
^iiif^ute, etc. ; but a just compensation shall, in all cases, be first made to 
the owner. 

SEttitoN 24. The power of suspending the laws, or the execution of the SaipdtttoR 
lilies, shall never be exercised but by the General Assembly, or by author- of laws, 
ity derived therefrom, to be exercised in such particular cases only as thfe 
'waertil A-ssembly shall expressly provide for. 

SAcHON 25. No person shall, in any case, be subject to martial laW, et h a r t i a 1 
<J6 any pains or penalties by virtue of that law, except thosfe employed in law. 
the kimj or navy of the United States, and except the militia in actua.! 
)§er?icfe, but by authority of the General Assembly. 

Section 26. In the government of this Commonwealth, the Legislative, Depart- 
Eiectitive and Judicial powers of the Government shall be forever sepa- ments of 6o- 
#ate and distinct from each other, and no person or persons exercising thfe X,® J « «i e i^ t 
futi):^ion8 of one of said departments shall assume or discharge the duties 
«if any other. 

SecHon 27. The General Assembly ought frequently to assemble for Redress of 
tlie redress of grievances, and for making new laws, as the common good grievances, 
may require. 

SECTioi^r 28. The people have a right to keep and bear arms for the Right to 
e^n^mon defence. As in times of peace armies are dangerous to liberty, hear amit. 
they ought not to be i^Aak;iisiieA without the ooDsent q£ tib^ Gtoi«ntl i^ 



A. D. 186& sembly. The militftry power ought alway;5 to be held in an exact suhor- 
^^^^T^^r^^m^ dination to the civil authority and be governed by it. 
Quartering SECTION 29. In time of peace no soldier shall be quartered in any 
of Boldiers. house without the^consent or the owner ; and, in time of war, such quar- 
ters shall not be made but in a manner prescribed by law. 
NoTj - 06m- Section 30. J^o person who conscientiously scruples to bear arms shall 
batants. he compelled so to do, but he shall pay an equivalent for personal ser- 
vice. 
_. , , Section 31. All elections shall be free and open, and every inhabitant 
elSfionS"^ <>f this Commonwealth possessing the qualifications provided for in this 
Constitution shall have an equal right to elect officers and be elected to 
fill public office. 
Property SECTION 32. No property qualification shall be necessary for an eleo- 
qualiflcation. tion to or the holding of any office, and no office shall be created, the ap- 
pointment to which ^all be for a longer time than good behavior. After 
-^ the adoption of this Constitution, any person who shall fight a duel, or 

disqu^ified!^ send or accept a challenge for that purpose, or be an aider or abettor in 
fighting a duel, shall be deprived of holding any office of honor or trust 
in this State, and shall be otherwise punished as the law shall prescribe. 
-,, , Section 33. The right of sufirage shall be protected by laws re^ulat- 

Bxiffrage. iiig elections, and prohibiting, under adequate penalties, all undue influ- 
ences from power, bribery,' tumult or improper conduct. 
Apportion- SECTION 34. Representation shall be apportioned according to popula- 
ment of rep- tion, and no person in this State shall be disfranchised or deprived of any 
rosentati^on. of the rights or privileges now enjoyed, except by the law of the land or 
the judgment of his peers, 
rorfeiture Section 35. Temporary absence from the State shall not forfeit a 
of residence, residence once obtained. 

-, . . Section 36. Allproperty subject to taxation shall be taxed in propor- 
propSy?^^ tion to its value. Each individual of society has a right to be protected 
in the enjoyment of life, liberty and property, according to stflfUding laws. 
He should, therefore, contribute his share to the expense of his protection, 
and give his personal service when necessary. 
Imposts, Section 37. Nojubsidy, charge, impost t»x or didafifiushall be estab- 
taxeB OP du- ligt^d, £ixed^§,id"^SETj??ied,^ any pretext whatsoever, without the 

consent o? the people, or their representatives lawfully assembled. 
Excessive Section 38. Excessive fines shall not be imposed, nor cruel and unu- 
^^' sual punishment inflicted, nor shall witnesses be u^reaaonably detained. 

Titles of no- SECTION 39. No title of nobility or hereditary emolument shall ever 
Snc^ons of ^® granted in this State. Distinction on account of race or color, in any 
race or color case whatever, shall be prohibited, apd all classes of citizens shall enjoy 
prohibited, equally all common, public, legal and political privileges. 

Section 40. All navigable waters shall remain forever public high- 
Preedomof^^y^j free to the citizens of the State and the United States, without tax, 
navigable impost or toll imposed; and no tax, toll, impost or wharfage shall be im- 
waters. posed, demanded or received from the owner of any merchandise or 

commodity, for the use of the shores, or any wharf erected on the shores, 
or in or over the waters of any navigable stream, unless thcsame be au- 
thorized by the General Assembly. 
Beserved Section 41. The enumeration of rights in this Constitution shall not 
rights. be construed to impair or deny others retained by the people, and all 

powers not herein adegated remain with the people. 



iOTJTH O^OLDTA. ^ 

ARTICLE n. 4^T>.tm. 

LSOISLATIYE DEPABTMEKT. 

Seotiok 1. The Legislative power of this State shall be vested in two j^oMliMitcEtt 
distinct branches, the one to be gtyled the " Senate," and the other the '^^^ 
** House of ROT)resentatives," and both together the "General Assembly 
of the State of South Carolina." t^ 

Segtiok 2. The House of Representatives shall be composed of mem- Beprawot- 
bers chosen by ballot every second year, by the citizens of this State, ative^ 
qualified as in this Constitution is provided. 

Sections. The Judicial Districts shall hereafter be designated as jadiolaJ 
Counties, and the boundaries of the several Counties shall remain as they diatriotfL . 
are now established, except the County of Pickens, which is hereby 
divided into two Counties, by a line leaving the southern boundary of the 
State of North Carolina where the White Water River enters this State, 
and thence down the centre of said river, by whatever names known, to 
Ravenel's Bridge, on Seneca River, and thence along the centre of the 
road leading to x*endleton Village, until it intersects the line of the County 
of Anderson ; and the territory lying east of said line shall be known as 
the County of Pickens ; and the territory lying west of said line shall be 
known as the County of Oconee : Provided, That the General Assembly 
shall have the power at any time to organize new Counties by changing 
the boundaries of any of the old ones ; but no new County shall be her^ 
after formed of less extent than six hundred and twenty-five square miles, 
nor shall any existing Counties be reduced to a less extent than six hun^ 
dred and twenty-five square miles. Each County shall constitute one 
election district. 

Section 4. The House of Representatives shall consist of one hundred 
and twenty-four members, to be apportioned among the several Counties Apportion- 
according to the number of inhabitants contained in each. An enumera- ^^tativos.' 
tion of the inhabitants, for this purpose, shall be made in eighteen hun* 
dred and sixty-nine, and again in eighteen hundred and seventy-five, and 
shall be made in the course of every tenth year thereafter, in such man- < 

ner as shall be by law directed ; and Representatives shall be assigned to 
the different Counties in the above mentioned proportion, by Act of the 
General Assembly at the session immediately succeeding every enumera- 
tion : Provided, That until the apportionment which shall be made upon 
the next enumeration shall take effect, the representation of the several 
Coonties, as herein constituted, shall be as follows : 

Abbeville, five; Anderson, three; Barnwell, six; Beaufort, seyea; 
Charleston, eighteen; Chester, three; Clarendon, two; Colleton, five; 
Chesterfield, two ; Darlington, four ; Edgefield, seven ; Fairfield, three ; 
Georgetown, three; Ghreenville, four; Horry, two; Kershaw, three; 
Lancaster, two ; Laurens, four ; Lexington, two ; Marion, four ; Marlboro^ 
two; Newberry, three; Oconee, two; Orangeburg, five; Pickens, one; 
Richland, four; Spartanburg, four; Sumter, four; Union, three; Wil- 
liamsburg, three ; York, four. 

Section 5. If the enumeration herein directed shall not be made in 
the course of the year appointed for the purpose, it shall be the duty of 
the Governor to have it effected as soon thereafter as shall bepracticable. "" 

Secxxon 6, In ajsigmng representatives to the several Coonties, the 



S . GOKSTITUTION QF 

^P49i9* General Assembly shall allow oq<^ reprefientative to every one hundred 

^mmr>^»!fr9^ and twenty-fourth part of the whole number of mhabitants m the State : 

J^signment Provided, That if in the apportionment of r^resentatives any County 

Mi?(S'^^^*' shall appear not to be entitled, from its population, to a representative, 

such County shall, nevertheless, send one representative ; BJ(ki if tl^ere 

bQ 9till a deficiency of the number of repres^tatives requ^ad by geQti^ 

fourth of this Article, such deficiency ^hall be supplied by ^igQJifig i^ep- 

resentatives to those Counties having the largest surplus fr^ctlojOip. 

.^ Seotion 7. No apportionment of representative^ 9h^ll be QOQs^rued to 

1,^]^^^^^ take effect, in any manner, until the general election whiclfi i^baU i^u^Qf^ 

such apportionment. 

Segtion 8. The Senate shall be composed of on^ member fjs&a^ %ach 

SenAtoM. County, to be elected for the term of four years by the quaJJiled vot^TH;, ^f 

the State in the same manner in which members of the House pf S^pi^ 

sientatives are chosen, except the County of Charleston, whicl^ ek^lt tie 

allowed two Senators. 

Section 9. Upon the meeting of the first General Assembly whkih 
shall be chosen under the provisions of this Constitution, the Sei^^irs 
Two claaiet shall be divided, by lot, into two classes, as nearly equal as i^ay be; t^e 
seats of the Senators of the ^rst class to be vacated at the expiration pf 
two years after the Monday ifbllowing the general electi5n, and of thoi|e 
of the second class at the expiration of four years ; so that, except as 
above provided, one-half of the Senators may be chosen every secpnd 
year. 
EUffibTt Section 10. No person shall be eligible to a seat in the Sens^te or 
^ ^ ^ ^* ^ouse of Representatives who at the time of his election is not a citizen 
of the United States ; nor any one who has not been for one year i^eii^t 
preceding his election a resident of this State, and for three months ne^t 
preceding his election a resident of the County whence he may be chosen ; 
nor any one who has been convicted of an infamous crime. Seaators 
sh^ll be at least twenty-five and Representatives ^t least twpnty-K)ne years 
of age. 
Section 11. The first election fof Senators and Representative under 
•lectionf ^^^^^ provisions of this Constitution shall be held on the fourteepth, fif- 
teenth and sixteenth days of April, of the present year ; ^pd the 9econd 
eieotiiHi shall be held on the third Wednesday in October, eighi^i;^ hun- 
dr^ and seventy ; and forever thereafter on the same day in every spcpi^d 
year, in such manner and at such places as the Legislature mt^y hei^a,fter 
provide. 
Section 12. The first session of the General A^mbly softer the n^^- 
Meetin« of ''^^ of this Constitution shall be convened on the second Tupedav 
Legislature, of May of the present year, in the city of Columbia^ (which sW^ 
r^nain the seat of government until otherwise determined by the cpnpu|*- 
rence of two-thirds of both branches of the whole representatioUt) ^d 
hereafter on the fourth Tuesday in November annually. Shoul<i ^l^e 
ca3ualties of war or contagious diseases render it unsafe to meet at t^e 
B^t of government, then the Governor may, by proclamation, appoijat a 
more secure and convenient place of meeting. 
Section 13. The terms of o$ce of the ^nators a¥i4 I^Qpresentatives 
JF®'°^ ^^choseii at a general election shall begin on the Monday foUowifig ai^uph 
elieotion. 
^so^j^ON 14 JE^ach Hou^e s^all ji^dg^ pf tbi^ ^eQtiop r^u^ ^^4 4¥^^~ 



SOUTH CAROLINA. 9 

fications of its own members ; and a majority of each House shall consti- A. D. 1868. 
tuts a quorum to do business ; but a |maller number may adjourn from ^— *-v"— ' 
day to day, and may compel the attendance of absent members, in such Quorum, 
manner and under such penalties as may be provided by law. 

Section 15. Each House shall choose its own officers, determine its * 
rules of proceeding, punish its members for disorderly behavior, and,, with Officers, 
the concurrence of two-thirds, expel a member, but not a second time for 
the same cause. 

Section 16. Each House may punish by imprisonment, during its sit- Rij-httoftr- 
ting, any person not a member who shall be guilty of disrespect to the rest and pun- 
House bjr any disorderly or contemptuous behavior in its presence ; or ish. 
who, durmg tne time of its sitting, shall threaten harm to body or estate 
of any member for anything said or done in either House, or who shall 
assault any of them therefor, or who shall assault or arrest any witness or 
other person ordered to attend the House, in his going thereto or return- 
ing therefrom, or who shall rescue any person arrested by order of the 
House : Provided, That such time of imprisonment shall not in any case 
extend beyond the session of the General Assembly. 

Section 17. The members of both Houses shall be protected in their py|^j|^ 
persons and estates during their attendance on, going to, and returning of member^ 
m>m, the General Assembly, and ten days previous to the sitting and ten 
days after the adjournment thereof. But these privileges shall not be 
extended so as to protect any member who shall be charged with treason, 
felony or breach of the peace. 

Section 18. Bills f or rais ing a revenue shall originate in the House of ^ 
Representatives, but may be alt6red,~amended or rejected by the Senate ; Bjug, 
and all other bills may originate in either House, and may be amended, 
altered or rejected by the other. 

Section 19. The style of all laws shall be : "Be it enacted by the g , . 
Senate and House of Representatives of the State of South Carolina, now laws.^ 
m^ and sitting in Greneral Assembly, and by the authority of the same." 

Section 20. Every Act or resolution haying the force of law shall re- But on* 
late to but one subject, and thafshaltrblB expressed In the title. subject. 

SSxmusrit. No Bill shall have the force^of law until it shall have been 
read three tim^, and on thr66 devefaT ffays^m each House, has had the ^ " "^ ^ ® 
€hreat Seal of State affixed to it, and has been signed in the Senate House, li^ three 
by the President of the Senate and the Speaker of the House of Repre- 
sentatives. 

Section 22. No money shall be drawn from the Treasury but in pur- 
suance of an appropriation made b^ law; and a regular statement ^"^^ ^|^^^^|^^y 
account of the receipts and expenditures of all public moneys shall be 
published annually, in such manner as miay be by law directed. 

Section 23. Each member of the first General Assembly under this 
Constitution shall receive six dollars per diem while in session ; and the jng^j^o^^ ^ 
fbrther sum of twenty cents for every mile of the ordinary route of travel 
in going to and returning from the place where such session is held ; 
after which they shall receive such compensation as shall be fixed by law ; 
but no General Assembly shall have the power to increase the compensa- 
tion of its own members. And when convened in extra session they shall ^ 
receive the same mileage and per diem compensation as are fixed by law 
for the regular session, and none other. y^t^g ^^^ 

Section 24. In all elections by the General Assembly, or either House voce. 
2 



10 (X)NSTITtrnON OP 

A. D. 1868. thereof, the members shall vote " viva voce," and their votes, thus given, 

^*— *v— ^ shall be entered upon the journal o^ the House to which they respectively 

belong. 

Section 25. Neither House, during the session of the Greneral Assem- 

Adjourn-bly, shall, without the consent of the other, adjourn for more than three 

xnents. days, nor to any other place than that in which the Assembly shall be at 

the time sitting. 

Section 26. Each House shall keep a journal of its own proceedings. 

Journals. <uid cause the same to be published immediately after its adjournment, 

except^ng-such parts as in its jud^ent may require secrecy ; and the 

yeas and nays of the members of either House, on any question, shall, at 

the desire of any two members present, be entered on the journals. Any 

member of either House shall have liberty to dissent from, and protest 

Protests, iigai^t, any Act or resolution which he may think injurious to the public 

or to an individual, and have the reasons of his dissent entered on the 

journals. 

Open doors. SECTION 27. The doors of each House shall be open, except on such 

occasions as in the opinion of the House may require secrecy. 
Ineliffib'l- SECTION 28. No person shall be eligible to a seat in the General As- 
ity. " sembly whilst he holds any office of profit or trust under this State, the 

United States of America, or any of them, or under any other power, 
except officers in the militia. Magistrates, or Justices of inferior Courts, 
while such Justices receive no salary. And if any member shall accept or 
exercise any of the said disqualifying offices, he shall vacate his seat : Pro- 
vided, That this prohibition shall not extend to the members of the first 
General Assembly. 
Failure to SECTION 29. If any election district shall neglect to choose a member 
elect. or members on the day of election, or if any person chosen a member of 

^ - , either House shall refiise to qualify and take his seat, or shall resign, die, 
qualify. depart the State, accept any disqualifying office, or become otherwise dis- 

qualified to hold his seat, a writ of election shall be issued by the Presi- 
WritB of dent of the Senate, or Speaker of the House of Representatives, as the 
election. ^^^ ^^^^ ^^ ^^^ ^j^^ purpose of filling the vacancy thereby occasioned, 

for the remainder of the term for which the person so refusing to qualify, 
resigning, dying, departing the State, or becoming disqualified, was elected 
to serve, or the defisiulting election district ought to have chosen a member 
or members. 
Section 30. Members of the Greneral Assembly, and all officers, before 

. they enter upon the execution of the duties of their respective offices, 
and all members of the bar, before they enter upon the practice of their 
profession, shall take and subscribe the following oath : 
Oath of "I do solemnly swear (or affiirm, as the case may be) that I am duly 
office. qualified, according to the Constitution of the United States and of this 

State, to exercise the duties of the office to which I have been elected, (or 
appointed,) and that I will faithftiUy discharge, to the best of my abili- 
ties, the duties thereof ; that I recognize the supremacy of the Constitu- 
non and laws of the United States over the Constitution and laws of any 
State; and that I will support, protect and defend the Constitution of the 
United States, and the Constitution of South Carolina, as ratified by the 

• people on the sixteenth day of April, 1868. So help me God.^' 
t And the President of this Convention is authorized to fill the blanks in 



SOUTH CAROLINA. 11 

tlos Section whenever he shall receive satis&ctory information of the day A. D. 1868. 
on which this Constitution shall be ratified.) ^"-^"V^ 

Section 31. Officers shall be removed for incapacity, misconduct, or Cause of re- 
neglect of duty, in such manner as may be , provided by law, when no moval. 
mode of trial or removal is provided in this Constitution. 

Section 32. The family homestead of the head of each family residing m^, \. 
in this State, such homestead consisting of dwelling-house, out-buildings, stead. ^°^ ' 
and lands appurtenant, not to exceed the value of one thousand dollars, 
and yearly product thereof, shall be exempt from attachment, levy or sale 
on any mesne or final process issued from any Court. To secure the fiill 
enjoyment of said homestead exemption to the person entitled thereto, or 
to the head of any family, the personal property of such person, of the 
following character, to-wit : household furniture, beds and bedding, family 
library, arms, carts, wagons, farming implements, tools, neat cattle, work 
animals, swine, goats and sheep, not to exceed in value, in the aggregate, 
the sum of five hundred dollars, shall be subject to like exemption as 
said homestead, and there shall be exempt, in addition thereto, all neces- 
sary wearing apparel ; Provided, That no property shall be exempt from 
attachment, levy or sale, for taxes, or for payment of obligations con- 
tracted for the purchase of said homestead, or the erection of improve- 
ments thereon: Provided^' further, That the yearly products of said 
homestead shall not be exempt from attachment, levy or sale, for the 
payment of oblig0,tions contracted in the production of the same. It 
shall be the duty of the General Assembly, at their first session, to enforce 
the provisions of this Section by suitable legislation. 

Section 33. All taxes upon property, real or personal, shall be laid Asaessments. 
upon the actual value of the property taxed, as the same shall be ascer- 
tained by an assessment made for the purpose of laying such tax. 

ARTICLE III. 

executive department. 

Section 1. The supreme Executive authority of this State shall be The Gover- 
vested in a Chief Magistrate, who shall be styled " The Governor of the ^^^' 
State of South Carolina." 

Section 2. The Governor shall be elected by the electors duly quali- Election of 
fied to vote for members of the House of Representatives, and shall hold 
his office for two years, and until his successor shall be chosen and quali- "^ 
fied, and shall be re-eligible. He shall be elected at the first general 
election held under this Cpnstitution for members of the General Assem- 
bly, and at each general election thereafter, and shall be installed during 
the first session of the said General Assembly after his election, on such 
day as shall be provided for by law. The other State officers elect 
shall, at the same time, enter upon the performance of their duties. 

Section 3. No person shall be eligible to the office of Governor who * 

denies the existence of the Supreme Being; or who at the time of such^^ "^*^^ ^^ 
election has not attained the age of thirty years, and who, except at the. 
first election under this Constitution, shall not have been a citizen of the 
United States and a citizen and resident of this State for two years next ^ 

precedii^ the day of electioiL No person while Governor shall hold any 



12 CONSTITUTION OP 

A. D. 186S. other office or commission (except in the militia) imder this State, or any 

^-■->'^*^ other power, at one and the same time. 

Returns of SECTION 4. The returns of every election of Governor shall be sealed 

election. up by the Managers of Elections in their respective Counties, and trans- 
mitted by mail to the seat of Government, directed to the Secretary of State, 
who shall deliver them to the Speaker of the House of Representatives at 
the next ensuing session of the General Assembly, and a duplicate of said re- 
turns shall be filed with the Clerks of the Courts of said Counties, whose 
duty it shall be to forward to the Secretary of State a certified copy thereof, 
upon being notified that the returns previously forwarded by mail have 
not been received at his office. It shall be the duty of the Secretary of 
State, after*the expiration of seven days from the day upon which the 
votes have been counted, if the returns thereof from any County have 
not been received, to notify the Clerk of the Court of said County, and 
order a copy of the returns filed in his office to be forwarded forthwith. 
The Secretary of State shall deliver the returns to the Speaker of the 
House of Representatives at the next ensuing session of the General As- 
sembly ; and during the first week of the session, or as soon as the Gen- 
eral Assembly shall have organized by the election of the presiding 
officers of the two Houses, the Speaker shall open and publish them in 
the presence of both Houses. The person having the highest number of 
votes shall be Governor ; but if two or more shall be equal and highest 
in votes, the General Assembly shall, during the same session, in th6 
House of Representatives, choose one of them Governor viva voce. Con- 
tested elections for Governor shall be determined by the General Assem- 
bly in such manner as shall be prescribed by law. 
Lieutenant- Section 5. A Lieutenant-Governor shall be chosen at the same time, 

p^^d'^t^f^ the same manner, continue in office for the same period, and be pos- 

the Senate.^ sessed of the same qualifications as the Governor, and shall ex officio be 
President of the Senate. 

Section 6. The Lieutenant-Governor, while presiding in the Senate, 
shall have no vote, unless the Senate be equally divided. 
President SECTION 7. The Senate shall choose a President pro tempore, to act in 

pro tempore, the absence of the Lieutenant-Governor, or when he shall exercise the 
office of Governor. 
Vacation of SECTION 8. A member of the Senate, or of the House of Representa- 

•eats. tives, being chosen and acting as Governor or Lieutenant-Governor, 

shall thereupon vacate his seat, and another person shall be elected in 
his stead. 
In case of Section 9. In case of the removal of the Governor from his office, or 

removal o r his death, resignation, removal from the State, or inability to discharge 

resignation, the powers and duties of the said office, the same shall devolve on the 
Lieutenant-Governor, and the General Assembly, at its first session after 
the ratification of this Constitution, shall, by law, provide for the case of 
removal, death, resignation, or inability, both of the Gt)vemor and Lieu- 
tenant-Governor, declaring what officer shall then act as Governor, and 
such officer shall act accordingly, until such disability shall have been 
removed, or a Governor shall have been elected. 
Command- SECTION 10. The Governor shall be Commander-in-Chief of the militia 

•r-in-Chief. of the State, except when they shall be called into the actual service of 

• the United States. 

Section 11. He shall have power to grant reprieves and pardons after 



SOUTH CAROLINA. U 

conviction, (except in cases of impeachment,) in such manner, on such A. D. 1861 
terms, and under such restrictions, as he shall think proper ; and he shall ^^— v— ^ 
have power to remit fines and forfeitures, unless otherwise directed by law. Beprie v e s 
It shall be his duty to report to the General Assembly, at the next regular *^^ pardons, 
session thereafter, all pardons granted by him, with a full statement of 
each case, and the reasons moving him thereunto. 

Section 12. He shall take care that the laws be faithfiilly executed, To execute 
in mercy. t^® laws. 

Section 13. The Governor and Lieutenant-Governor shall, at stated compensa- 
times, receive for their services a compensation, which shall be neither tion. 
increased nor diminished during the period for which they shall have 
been elected. ♦ 

Section 14. All officers in the Executive Department shall, when re- Reports of 
quired by the Governor, give him information in writing upon any sub- officers. 
ject relating to the duties of their respective offices. 

Section 15. The Governor shall, from time to time, give to the Gen- q^.^^ infor- 
eral Assembly information of the condition of the State, and recomi^end mation to the 
to their consideration such measures as he shall judge necessary or ex- Legislature. 
pedient. 

Section 16. He may, on extraordinary occasions, convene the General Extra ses- 
Assembly ; and should either House remain without a quorum for fiYe sions. 
days, or in case of disagreement between the two Houses with respect to 
the time of adjournment, may adjourn them to such time as he shall 
think proper ; not beyond the time of the annual session then next en- 
suing, p 

Section 17. He shall commission all officers of the State. sions. 

Section 18. There shall be a Seal of the State, for which the General 
Assembly, at its first session, shall provide, and which shall be used by 
the Governor officially, and shall be called " The Great Seal of the State 
of South Carolina." 

Section 19. All grants and commissions shall be issued in the name ^ issued 
and by the authority of the State of South Carolina, sealed with the 
Great Seal, signed by the Governor, and countersigned by the Secretary 
of State. 

Section 20. The Governor and the Lieutenant-Governor, before enter- Q^th of of- 
ing upon the duties of their respective offices, shall take and subscribe the flee. 
oath of office as prescribed in Article two, Section thirty of this Constitu- 
tion. 

Section 21. The Governor shall reside at the (Stpital of the State; Eesidence 
but during the sittings of the General Assembly he shall reside where its of Gk)vernor. 
sessions are held, except in case of contagion. 

Section 22. Every Bill or joint resolution which shall have passed the ^ 

General Assembly, except on a question of adjournment, shall, before it gig^ea. ^ 
becomes a law, be presented to the Governor, and, if he approve, he shall 
simit; if not, he shall return it, with his objections, to the House in YqIq^ 
Which it shall have originated ; which shall enter the objections at large 
on its journals, and proceed to reconsider it. If, after such reconsidera- 
tion, two-thirds of that House shall agree to pass it, it shall be sent, to- 
cher with the objections, to the other House, by which it shall be recon- 
sidered, and, if approved by two-thirds of that House, it shall have the 
same effect as if it had been signed by the Governor ; but, in all such 
CM6B the vote of both Houses shall be taken by yeas and nays, and the v 



H CONSTITUTION QP 

4luP.1868. names of the persons voting for and against the Bill or joint resolution, 

^^-o-v*"*^ shall be entered on the journals of both Houses, respectively. If a Bill or 

joint resolution shall not be returned by the Governor within three days 

after it shall have been presented to him, Sundays excepted, it shall 

have the same force and effect as if he had signed it, unless the General 

Assembly, by their adjournment, prevent its return, in which case it shall 

not have such force and effect unless returned within two days after their 

next meeting. 

Oomptrol- Section 23. There shall be elected by the qualified voters of the State 

l&r - Generai, a Comptroller-General, a Treasurer, and a Secretary of State, who shall 

and Secrete- ^^^^ *^®^^ respective offices for the term of four years, and whose duties 

IT of State, and compensation shall be prescribed by law. 

ARTICLE IV. 

JUDICIAL DEPARTMENT. 

T d* * 1 D Section 1. The judicial power of this State shall be vested in a Su- 
partment. ^" P^eme Court, in two Circuit Courts, to-wit., a Court of Common Pleas, 
having civil jurisdiction, and a Court of General Sessions, with criminal 
jurisdiction only, in Probate Courts, and in Justices of the Peace. The 
General Assembly may also establish such municipal and other inferior 
Courts as may be deemed necessary. 
Section 2. The Supreme Court shall consist of a Chief Justice and two 
q^Ij!^'^®™® Associate Justices, two of whom shall constitute a quorum. They shall 
be elected by a joint vote of the General Assembly for the term of six 
years, and shall continue in office until their successors shall be elected 
and qualified. They shall be so classified that one of the Justices shall 
go out of office every two years. 
_ ^ ^ Section 3. The Chief Justice elected under this Constitution shall con- 
ofilce. ™ tinue in office for six years, and the General Assembly immediately after 
the said election shall determine which of the two Associate Justices elect 
shall serve for the term of two years and which for the term of four 
years ; and having so determined the same, it shall be the duty of the 
Governor to commission them accordingly. 
Sbotioj^ 4. The Supreme Court shall have appellate jurisdiction only 
Jurisdiction, uj cases of Chancery, and shall constitute a Court for the correction of 
errors at law, under such regulations as the General Assembly majr by 
law prescribe : ProHdedj The said Court shall always have power to issue 
writs of injunction^ rmndarnvs^ quo warranto, habeas corpus, and such 
other original and remedial writs as may be necessary to give it a general 
supervisory control over all other Courts in the State. 
Section 5. The Supreme Court shall be held at least once in each year, 
Sessions. ^^ ^^ ^^^^ ^{ Government, and at such other place or places in the State 
as the General Assembly may direct. 
Section 6. No Judge shall preside on the trial of any cause in the 
Disqual i fl- event of which he may be interested, or where either of the parties shall 
cations. ^ connected with him by affinity or consanguinity, within such degrees 
as may be prescribed by law, or in which he may have been counsel or 
have presided in any inferior Court, except by consent of all the parties. 
*In case all or any of the Judges of the Supreme Court shall be thus dis- 
qualified fi^ei piresiding in any cause or causes, the Court or the Judges 



SOUTH CAROLINA. 15 

thereof shall certify the same to the Governor of the State, and he shall A.D. 1S68. 
immediately commission, specially, the requisite number of men learned ^-— s/— ^ 
in the law for the trial and determination thereof. The same course shall 
be pursued in the Circuit and inferior Courts as is prescribed in this Sec- 
tion for cases of the Supreme Court. 

Section 7. There shall be appointed by ^he Judges of the Supreme Beporter 
Court a reporter and clerk of said Court, who shall hold their offices for and clerk. 
two years, and whose duties and compensation shall be prescribed by 
law. 

Section 8. When a judgment or decree is reversed or affirmed by the judgments 
Supreme Court, every point made and distinctly stated in writing in the ^nd decrees, 
cause, and fairly arising upon the record of the case, shall be considered 
and decided ; and the reasons therefor shall be concisely and briefly stated 
in writing, and preserved with the records of the case. 

Section 9. The Judges of the Supreme Court and Circuit Courts shall, ^ 
at stated times, receive a compensation for their services, to be fixed by ^j^j^ nipensa- 
law, which shall not be diminished during their continuance in office. 
They shall not be allowed any fees or perquisites of office, nor shall they 
hold any other office of trust or profit under this State, the United States, 
or any other power. 

Section 10. No person shall be eligible to the office of Judge of the 
Supreme Court or Circuit Courts who is not at the time of his election a ^"^*"""y- 
citizen of the United States, and has not attained the age of thirty years, 
and been a resident of this State for five years next preceding his election, 
or from the adoption of this Constitution. 

Section 11. All vacancies in the Supreme Court or other inferior tri- Vacancies, 
bunals shall be filled by election as herein prescribed : Provided, That 
if the unexpired term does not exceed one year, such vacancy may be 
filled by Executive appointment. All Judges, by virtue of their office, 
shall be conservators of the peace throughout the State. 

Section 12. In all cases decided by the Supreme Court, a concurrence Decisions, 
of two of the Judges shall be necessary to a decision. 

Section 13. The State shall be divided into convenient circuits, and circuits. 
for each circuit a Judge shall be elected by joint ballot of the General 
Assembly, who shall hold his office for a term of four years, and during 
his continuance in office he shall reside in the circuit of which he is 
Judge. 

SectkJn 14. Judges of the Circuit Court shall interchange circuits with . Interchang- 
each other in such manner as may be determined by law. *^^* 

Section 15. The Courts of Common Pleas shall have exclusive juris- Common 
diction in all cases of divorce, and exclusive original jurisdiction in allpieas. 
cases and actions ex delicto, which shall not be cognizable before Justices 
of the Peace, and appellate jurisdiction in all such cases as may be pro- 
vided by law. They shall have power to issue writs of mandamus, pro- 
hibition, scire facias, and all other writs which may be necessary for 
carrying their powers fully into effect. 

Section 16. The Court of Common Pleas shall sit in each Judicial Times of 
District in this State at least twice in every year, at such stated times and holding. 
places as may be appointed by law. It shall have jurisdiction in all 
matters of Equity, but the Courts heretofore established for that purpose 
shall continue as now organized until the first day of January, one thou- 
sand eight hundred and sixty-nine, for the disposition of causes now pend- 
ing therein, unless otherwise provided by law. 



16 CONSTITUTION OP 

A. D. 1868. Section 17. The Greneral Assembly shall provide by law for the pre- 
*■— -V— ^ servation of the records of the Courts of Equity, and also for the trans- 
Preserva-fer to the Court of Common Pleas and Probate- Courts for final decision 
ords ^^ '^°' ^^ ^^ causes that may remain undetermined. It shall be the duty of the 
Judges of the Supreme and Circuit Courts to file their decisions within 
sixty days from tJxe last day of the term of Court at which the causes 
were heard. 
Jurisdic- SECTION 18. The Court of General Sessions shall have exclusive juris- 
tion. diction over all criminal cases which shall not be otherwise provided jfor by 

- law. It shall sit in each County in the State at least three times in each 
year, at such stated times and places as the General Assembly may di- 
rect. 

Section 19. The qualified electors of each County shall elect three 

£??o?!«ilo"^' persons for the term of two years, who shall constitute a Board of County 

missioners. fL . . i . i i n / • • t x« i i • i /» . "^ 

Commissioners which shall have jurisdiction over roads, highways, terries, 

bridges, and in all matters relating to taxes, disbursements of money for 

County purposes, and in every other case that may be necessary to the 

internal improvement and local concerns of the respective Counties: 

Provided, That in all cases there shall be the right of appeal to the State 

Courts. 

Court of Section 20. A Court of Probate shall be established in each Count jr. 
Probate. with jurisdiction in all matters testamentary and of administration, in 
business appertaining to minors and the allotment of dower in cases of 
idiocy and lunacy, and persons non compotes mentis. The Judge of said 
Court shall be elected by the qualified electors of the respective Counties 
for the term of two years. 

J ,. - Section 21. A competent number of Justices of the Peace and Con- 
the Peace, stables shall be (^osen in each County by the qualified electors thereof, 
in such manner as the General Assembly may direct ; they shall hold 
their offices for a term of two years and until their successors are elected 
and qualified. They shall reside in the County, city or beat for which 
they are elected, ana the Justices of the Peace shall be commissioned by 
the Governor. 

Section 22. Justices of the Peace, individually, or two or more of 

Juris die- them jointly, as the General Assembly may direct, shall have original 
jurisdiction in cases of bastardy, and in all matters of contract, and 
actions for the recovery of fines and forfeitures where the amount claimed 
does not exceed one hundred dollars, and such jurisdiction as may be 
provided by law in actions ex delicto, where the damages claimed do not 
exceed one hundred dollars ; and prosecutions for assault and battery and 
other penal ofiences less than felony, punishable by fines only. 

Section 23. They may also sit as examining Courts and commit, dis- 

Powers. charge or recognize (except in capital cases) persons charged with of- 
fences, subject to such regulations as the General Assembly may provide ; 
they shall also have power to bind over to keep the peace, or for good 
behavior. For the foregoing purposes they shall have power to issue all 
necessary processes. 
Section 24. Every action cognizable before Justices of the Peace, in- 

Rightofap-gtituted by summons or warrant, shall be brought before some Justice of 
^^^ * the Peace in the County or city where the defendant resides, and in all 

such causes tried by them, the right of appeal shall be secured under 
such rules and regulations as may be provided by law. 



SOUTH CAROLINA* IT 

Section 25. The Judges of Probate, County Commiflsioners, Justices A. D. 1868. 
of the Peace, and Constables, shall receive for their services such com- *»*— ^y— i-^ 
pensation and fees as the General Assembly may, from time to time, hy Compensa- 
law direct. ^^^^• 

Section 26. Judges shall not charge juries in respect to matters of charffe ofl 
feet, but may state the testimony and declare the law. 

Section 27. There shall be elected in each County, by the electors nierka of 
thereof, one Clerk for the Court of Common Pleas, who shall hold his Courts, 
office for the term of four years, and until his successor shall be elected 
and qualified. He shall, by virtue of his office, be clerk of all other 
Courts of record held therem ; but the General Assembly may provide 
by law for the election of a Clerk, with a like term of office, for each or 
any other of the Courts of record, and may authorize the Judge of the 
Probate Court to perform the duties of Clerk for his Court, under such 
regulations as the General Assembly may direct. Clerks of Courts shall . 
be removeable for such cause and in such maimer as shall be prescribed 
by law. 

Section 28. There shall be an Attorney-General for the State, who Attorney- 
shall perform such duties as may be prescribed by law. He shall be General 
elected by the qualified electors of the State for the term of four years, 
and shall receive for his services such compensation as shall be fixed 
by law. 

Section 29. There shall be one Solicitor for each Circuit, who shall ^ .. 
reside therein, to be elected by the qualified electors of the Circuit, who ^^"^^'^^*- 
shall hold his office for the term of four years, and shall receive for his " 
services such compensation as shall be fixed by law. In all cases where 
an. attorney for the State, of any Circuit, fails to attend and prosecute 
according to law, the Court shall have power to appoint an atteJmey pro 
tempore. 

Section 30. The qualified electors of each County shall elect a Sheriff g, ,^ ^ 
and a Coroner, for the term of four years, and until their successors are Coroner*.*^ 
elected and qualified ; they shall reside in their respective Counties dur- 
ing their continuance in office, and be disqualified for the office a second 
time, if it should appear that they or either of them are in default for 
moneys collected by virtue of their respective offices. 

Section 31. All writs and processes shall run, and all prosecutions ^ . , 
shall be conducted in the name of the State of South Carolina ; aU writs proc^sea.*^ 
shall be attested by the Clerk of the Court from which they shall be 
issued; and all indictments shall conclude against the peace and dignity 
of the State. 

Section 32. The General Assembly shall provide by law for the speedy Decisions of 
publication of the decisions of the Supreme Court made under this Con- the Supreme 
fititution. Court. 

Section 33. Tl\e first General Assembly convened imder this Consti- 
tution, at their first session, immediately after their permanent organiza- Constitution- 
tion, shall ratify the amendment* to the Constitution of the United States, Jqq^^^^ 
known as the Fourteenth Article, proposed by the Thirty-ninth Congress. . 

Section 34. All contracts, whether under seal or not, the consideration 
of which were for the purchase of slaves, are hereby declared null and siara con- 
void and of no effect, and no suit, either at law or equity, shall be com- tracts. 
menced or prosecuted for the enforcement of such contracts, and all pro- 
ceedings to enforce satis&ction or payment on juc^menUi or decrees, 
8 



18 CONSTITUTION OF 

A, D. 1888. rendered, recorded, enrolled or entered Upon such contracts, in any Court 

^— v^'*' of this State, are hereby prohibited, and all orders heretofore made in 

this State, in relation to such contracts, whereby property is held subject 

to decision as to the validity of such contracts, are also hereby declared 

null and void and of no e£^ct. 

ARTICLE V. 

JURISPRUDENCE. 

Section 1. The General Assembly shall pass such laws as maybe 
Arbitratbrf . necessary and proper to decide differences by arbitrators, to be appointed 
by the parties who may choose that summary mode of adjustment. 
Section 2. It shall be the duty of the General Assembly to pass the 
Change o^ necessary laws for the change of venue in all cases, civil and criminal, 
over which the Circuit Courts have original jurisdiction, upon a proper 
showing, supported by affidavit, that a fair and impartial trial cannot be 
had in the County where such trial or prosecution was commenced. 
Section 3. The General Assembly, at its first session after the adop- 
Oodiflcation tion of this Constitution, shall make provision to revise, digest and 
of Uw». arrange, under proper heads, the body of our laws, civil and criminal, 
and form a penal code, founded upon principles of reformation, and have 
the same promulgated in such manner as they may direct ; and a like 
. revision, digest and promulgation shall be made within every subsequent 
period of ten years. That justice may be administered in a uniform mode 
of pleading without distinction between law and equity, they shall pro- 
vide for abolishing the distinct foiins of action, and for that purpose snail 
appoint some suitable person or persons, whose duty it shall be to revise, 
simplify and abridge the rules, practice, pleadings and forms of the 
Courts now in use in this State. 

ARTICLE VL 

eminent domain. 

Section 1. The State shall have concurrent jurisdiction on all rivers 

JBm in out bordering on this State, so far as such rivers shall form a common boun- 

4omam. ^jy ^Q ^^jg g^jj J g^jjy othei' State bounded by the same ; and they, together 

witn all other navigable waters within the limits of the State, shall be 
common highways, and forever free, as well to the inhabitants of this 
State as to the citizens of the United States, without any tax or impost 
therefor, unless the same be expressly provided for by the General As- 
sembly, 
f A f iti Section 2. The title to all lands and other property which have here- 
Mna titles, ^fyj.^ accrued to this State by grant, gift, purchase, forfeiture, escheats, 
' or otherwise, shall vest in the State of South Carolina the same as though 
no change had taken place. ' 

tJl timate SECTION 3. The people of the State are declared to possess the ultimate 
right of prop- property in and to all lands within the jurisdiction of the State ; and all 
•ny. lands, the title to which shall fail from defect of heirs, shall revert or 

escheat to the people. 




SOUTH CABOLINA. 
ARTICLE Vn. 

IMPEACHMENTS. 

Section 1. The House of Bepresentatives shall have the sole power of impe ach- 
impeachment. A vote of two-thirds of all the members elected shall bements. 
required for an impeachment, and any officer impeached shall thereby be 
suspended from office until judgment in the case shall have been pro- 
nounced. 

Section 2. All impeachments shall be tried by the Senate, and when -^^^ ^^ 
sitting for that purpose they shall be under oath or affirmation. No per- 
son shall be convicted except by a vote of two-thirds of all the members 
elected. When the Governor is impeached the Chief Justice of the Su* 
preme Court, or the senior Judge, shall preside, with a casting vote in all 
preliminary questions. 

Section 3. The Governor and all other executive and judicial officers ^(?nio liable, 
shall be liable to impeachment ; but judgment in such case shall not ex- 
tend further than removal from office. The persons convicted shall, 
nevertheless, be liable to indictment, trial and punishment aceording to 
law. 

Section 4. For any wilful neglect of duty, or other reasonable cause, ^ -j^ 

which shall not be sufficient ground of impeachment, the Governor shall peachment 
remove any executive or judicial officer on the address of two-thirds of 
each House of the General Assembly : Provided^ That the cause, or 
causes, for which said removal may be required, shall be stated at length 
in such address, and entered on the journals of each House : And pro- 
vided, further, That the officer intended to be removed shall be notified of 
such cause or causes, and shall be admitted to a hearing in his own de- 
fence, before any vote for such address ; and in all cases the vote shall be 
taken by yeas and nays, and be entered on the journals of each House 
lespectively. 

ARTICLE Vni. 

BIGHT OP SUFFBAGE. 

Section 1. In all elections by the people the electors shall vote by ,j^^ i)allot 
ballot. 

Section 2. Every male citizen of the United States, of the age of Q^j^ng -.♦jq« 
twenty-one years and upwards, not laboring under the disabilities named of electors. 
in this Constitution, without distinction of race, color, or former condi- 
tion, who shall be a resident of this State at the time of the adoption of "• 
this Constitution, or who shall- thereafter reside in this State one year, 
and in the County in which he offers to vote sixty days next preceding 
any election, shall be entitled to vote for all officers that are now, or here- 
after may be, elected by the people, and upon all questions submitted to 
the electors at any elections : Provided, That no person shall be allowed 
to vote or hold office who is now or hereafter may be disqualified therefor 
by the Constitution of the United States, until such disqualification shall 
be removed by the Congress of the United States : Provided, further, That 
no person, while kept in any alms house or asylum, or of unsound mind, 
or confined in any public prison, shall be allowed to vote or hold office. 



to 



20 OONSTtTDTlON OP 

A. D. 1868. SEOnow 8. it shall be the duty of the General AflBemblr ta wmde 
^'■^•v^-^ from time to time for the registration of all electors. 

Bcsidcnce ^ ^^^f^A ^?J the purpose of voting no person shaU be deemed to 
xv€8iaence. j^^^^ j^g^ hiB residence by reaso|^ of absence while employed in theaerfke 
of the United States, nor while engaged upon the waters of this State cr 
the United States, or of the high sea^?, nor while temporarily afaeent fivn 
the State. 
SoldierBand Section 5. No soldier, seaman or marine in the army or navy of As 
eailorB. United States shall be deemed a resident of this State in ooDeeaiifineB of 

haying been stationed therein. ^J'* 

TTTPm f SECTi03f 6. Electors shall, in all cases, except treason, felony or Imedi 
fromm^t^^^ *® P^^' ^ privileged from arrest and civil process durii tlieir at- 
tendance at elections, and in going to and returning from the same. 
irr vr* SECTION 7. Every person enfitled to vote at any election shall be eli- 

offifS ^^ ^^^® ^ ^^y ^®^® ^^^^^ °^^ ^^' ^^ hereafter shall be, elective by Die 

people in the County where he shall have resided sixty days previiw to 

such election, except as otherwise provided in this Constitution or flu 

Constitution and laws of the Unitexl States. 

Section 8. The General Assembly shall never pass any law that will 

DiBqualifi- deprive any of the citizens of this State of the right of su£&age exoept 

cations. foj. treason, murder, robbery, or duelling, whereof the persons slmll bm 

been duly tried and convicted. 
ETcctors^^*^*^ Section 9. Presidential electors shall be elected by the people. 

^ Section 10. In all elections held by the people under this Constitii- 
*Who elect- tion, the person or persons who shall receive the highest number of vote 
*^- shall be declared elected. 

Kot EDDli Section 11. The provision of this Constitution concerning the term of 
cable to. ' residence necessary to enable persons to hold certain offices therein moi- 
tioned, shall not be held to apply to officers chosen by the people at the 
first election, or by the General Assembly at its first session. 

Section 12. No person shall be disfranchised for felony, or other crimflf 
committed while such person was a slave. 

AETICLE IX. 

FINANCE AND TAXATION. 

Assessment SECTION 1. The General Assembly shall provide by law for a uniform 
and taxation, and equal rate of assessment and taxation, and shall prescribe such regu- 
lations as shall secure a just valuation for taxation of all property, real, 
personal and possessory, except mines and mining claims, the proceeds of 

• which alone snail be taxed ; and also excepting such property as may be 

• exempted by law for municipal, educational, literary, scientific, religious 
or charitable purposes. 

Section 2. The General Assembly may provide annually for a poll tax. 

Poll tax. j^Qi iQ exceed one dollar on each poll, which shall be applied exclusively 

to the public school fund. And no additional poll tax shall be levied 

by any municipal corporation. 

Annual tax Section 3. The Greneral Assembly shall provide for an annual tax 

' sufficient to defray the estimated expenses of the State for each year ; and 

wheneverit sEall happen that such ordinary expenses of fHe State for any 

year shall exceed the mcome of the State for such year, the General As- 



SOtJTH OAROLmA. - 21 

eembly shall provide for levying a tax for th e enaumgy efr sofficient, A. D. Id6a 

with other sources of income, to pay the deficiency of the preced injg yea r, ^*— ^<^-^ 
tc^ther with the estimated expense^ of the ensuing year. 

OECTION 4. No tax shall be levied exc ept in pitfsuance rf>a law , which object toT)« 
shaJl dig tinctly st ate the objec tjof the jame ; fa) which' otj ecfr such tag stated. 
shall be applied.' ' ' "*"*"■! — — — 



SCTION 5. It shall be the duty of the General Assembly to enact laws ExemDtiong. 
for the exemption from taxation of all public schools, colleges, and insti- 
tutions of learning, all charitable institutions in the nature of asylums 
for the infifrm, deaf and dumb, blind, idiotic aad indigent persons, all . 
public libraries, churches and burying grounds ; but pi^opertyof associa- 
tions and societies, although connected with charitable objects, shall not 
be exempt from State, County or munidpal taxation : Provided, That 
this exemption shall not extend beyond me buildings and premises ac- 
tually occupied by such schools, colleges, institutions of learning, asylums, 
libraries, churches and burial grounds, although connected with charita- 
ble objects. 

Section 6. The Greneraf Assembly shall provide for the valuation and Valuation 
assessment of all lands and the improvements thereoirprior to the assem- of lands. 
bling of the General Assembly of one thousand eight hundred and seventy, 
and thereafter on every fifth year. 

Section 7. For the purpose of defraying extraordinary expenditures, pu][,iic debta. 
the State may contract public debts ; but such debts shall be authorized 
by law for some single object, to be distinctly specified therein ; and no 
such law shall take effect until it shall have teen passed by the vote of 
two-thirds of the members of each branch of the General Assembly, to 
be recorded by yeas and nays on the journals of each House respectively ; 
and every such law shall levy a tax annually sufficient to pay the annual 
interest of such debt. 

Section 8. The corporate authorities of Counties, townships, school ,, * • •! 
districts, cities, towns and villages may be vested with power to assess and^^^^^^*^^^ 
collect taxes for corporate purposes ; such taxes to be uniform in respect 
to persons and property within the jurisdiction of the body imposing the 
same. And the General Assembly shall require that all the property, 
eizcapt that heretofore exempted within the limits of municipal corpora- 
tionSy shall be taxed for the payment of debts contracted under authority 
of law. ' 

Section 9. The General Assembly shall provide for the incorporation Incorpora* 
and organization of cities and towns, and shall restrict their powers of *^^^s- 
taxation, borrowing money, contracting debts, and loaning their credit. 

Section 10. No scrip, certificate or other evidence of State indebted- Evidences 
ness shaH be issued except for the redemption of stock, bonds, or other 9^, .®^*® ^^" 
evidences of indebtedness previously issued, or for such debts as are ex- d® »^*^^^®"8. 
pressly authorized in this Constitution. 

Section 11. An accurate statement of the receipt and expenditures « • ts nd 
of the public money shall be published with the laws of each regular expenSitures 
session of the Greneral Assembly, in such manner as may by law be di- 
rected. 

Section 12. No money shall be drawn from the Treasury but in pur- Drafts'^on 
Buance of appropriations made by law. the Treasury. 

Section 13. The fiscal year shall commence on the first day of No- i^gcal year, 
veiaber in each year. 



22 CONSTITUTION OF 

A.!P. 1868. SboTK)]^ 14. Any debt contracted by the State shall be by loan on 

^^^'-^v-^^ State bonds, of amounts not less than fifty dollars each, on interest paya- 

State bonds* fcle within twenty years after the fine! passage of the law authorizing 

such debt. ^ A correct registry of all such bonds shall be kept by the 

Treasurer in numerical order, so as always to exhibit the number and 

amount unpaid, and to whom severally make payable. 

Section 15. Suitable laws shall be passed by the General Assembly 

Stat^, coun- for the safe-keeping, transfer and disbursement of the State, County and 

ty and school school funds ; and all officers and other persons charged with the same 

funds. shall keep an accurate e»try of each sum received, and of each payment 

and transfer ; and shall give such security for the faithful discharge of 

such duties as the General Assembly may provide. And it shall be the 

duty of the General Assembly to pass laws making embezzlement of such 

funds a felony, punishable by {the and imprisonment proportioned to the 

amount of deficiency or embezzlement, and the party convicted of such 

felony shall be disqualified from ever holding any office of honor or 

emolument in this State : Provided, however, That the General Assembly, 

by a two-third vote, may remove the disability upon payment in full of 

the principal and interest of the sum embezzled. 

Rehel dehts SECTION 16. No llebt contracted by this State in behalf of the latt 

' rebellion, in whole or in part, shall ever be paid. 

ARTICLE X. 

EDUCATION. 

Superinten- SECTION 1* The supervision of public instruction shall be vested in a 
dent of edu- State Superint^ident of Education, who shall be elected by the qualified^ 
cation. electors of the State in such manner and at such time as the other State 

officers are elected ; his powers, duties, term of office and compensation 
shall be defined by the General Assembly. 
School Com- Section 2. There shall be elected ' biennially in each County by the 
missioners. qualified electors thereof one School Commissioner, said Commissioners to 
. constitute a State Board of Education, of which the State Superinten- 
dent shall, by virtue of his office, be chairman ; the powers, duties and 
compensation of the members of said Board shall be determined by law. 
Free schools. SECTION 3. The General Assembly shall, as soon as practicable after 
• the adoption of this Constitution, provide for a liberal and uniform sys- 
tem of free public schools throughout tie State, and shall also make pro- 
vision for the division of the State into suitable school districts. There 
shall be kept open at least six months in each year one or more schools 
in each school district. 
CbmpuJsory Section 4. It shall be the duty of the General Assembly to provide 
atten<&.nce. for the compulsory attendance, at either public or private schools, of all 
children between the ages of six and sixteen years, not physically or 
mentally disabled, for a term equivalent to twenty-four months at least : 
Provided, That no law to that effect shall be passed until a system of 
public schools has been thoroughly and completely organized, and facili- 
ties afforded to all the inhabitants of the State for the free education of 
their children. 
School tax. . Section 5. The General Assembly shall levy, at each regular session 
after the adoption of this Constitution, an annual tax on all taxable 



SOUTH CAROLINA. 88 

property throughout the State for the support of public schools, which A.D.186S. 
tfec shall be collected at the same time and by the same agents as the ^*— v-— ?^ 
general State levy, and shall be paid into the Treasury of the State. 
There shall be assessed on all taxable polls in the State an annual tax of 
one dollar on each poll, the proceeds of which tax shall be applied solely 
to educational purposes ; Provided, That no person ghall ever be deprived 
of the right of suffrage for the non-payment of said tax. No other poll 
or capitation tax shall be levied in the State, nor shall the amount as- 
sessed on each poll exceed the limit given in this Section. The school 
tax shall be distributed among the several school districts of the State, 
in proportion to the respective number of pupils attending the pubUc 
schools. No religious sect or sects shall have exclusive right to, or con- 
trol of, any part of the school funds of the State, nor shall sectarian 
principles be taught in the public schools. 

Section 6. Within five years after the first regular session of the Gen- 
eral Assembly following the adoption of this Constitution, it shall be the gchool.' "* * 
duty of the General Assembly to provide for the establishment and sup- 
port of a State Normal School, which shall be open to all persons who 
may wish to become teachers. 

Section 7. Educational institutions for the benefit of all the blind, 
deaf and dumb, and such other benevolent institutions as the public good 5^y^» ^^' 
mav require, shall be established and supported by the State, subject to"*^ ^"'°^- 
such regulations as may be prescribed by law. 

Section 8. Provisions shall be made by law, as soon as practicable, for Reform 
the establishment and maintenance of a State Eeform School for juvenile schooL 
offenders. 

'Section 9. The General Assembler shall provide for the maintenance State Unl- 
of the State University, and, as soon as practicable, provide for the estab- versity. 
lishment of an Agricultural College, and shall appropriate the land given 
to this State, for the support of si;ich a college, oy the Act of Congress Aflricultural 
passed July second, one thousand eight hundred and sixty-two, or the ®^^ 
money or scrip, as the case may be, arising from the sale of said lands, oir 
any lands which may hereafter be given or appropriated for such pur- 
pose, for the support and maintenance of such college, and may make 
the same a branch of the State University, for instruction in agriculture, 
the mechanic arts, and the natural sciences connected therewith. 

Section 10. All the public schools, colleges and universities of this ^ . -. 
State, supported in whole or. in part by the public funds, shall be free and ^^ * 
open to all the children and youths of the State, without regard to race 
or color. 

Section 11. The proceeds of all lands that have been or hereafter ' 
may .be given by the United States to this State for educational purposes. School fund, 
ana not otherwise appropriated by this State or the United States, and of 
all lands or other property given by individuals, or appropriated by the 
State for like purpose, and of all estates of deceased persons who have 
died without leaving a will or heir, shall be securely invested and sacredly 
preserved as a State school fund, and the annual interest and income of 
said ftind, together with such other means as the General Assembly may 
provide, shall be faithfully appropriated for the purpose of estabUshing 
and maintaining free public schools, and for no other purposes or uses 
whatever. 




24 CONSTITUTION OF 

ARTICLE XI. 

CHABITABLE AN1> PENAL INSTirUTIONS. 

Section 1. Institutions for the benefit of the insane, blind, deaf and 

Charitable dumb, and the poor, shall always be fostered and supported by this State, 

JtituSona. "^"a^d shall be subject to such regulations as the General Assembly may 

enact. 
Penitentiary. SECTION 2. The Directors of the Penitentiary shall be elected or ap- 
pointed, as the Greneral Assembly may direct. 
Directors. SECTION 3. The Directors of the benevolent and other State institu- 
tions, such as may be hereafter created, shall be appointed by the Gov- 
ernor, by and with the consent of the Senate ; and upon all nominations 
made by the Governor, the question shall be taken by yeas and nays, and 
entered upon the journals. 
~ . Section 4. The Governor shall have power to fill all vacancie^^that 
<nei. ^^y occur in the offices aforesaid, until the next session of the General 
Assembly, and until a successor or successors shall be appointed and 
confirmed. 
Poor laws. Section 5. The respective Counties of this State shall make such pro- 
vision as may be determined by law for all those inhabitants who, by 
reason of age and infirmities or misfi)rtunes, may have a claim upon the 
sympathy and aid of society. 
Section 6. The physician of the Lunatic Asylum, who shall be super- 
L u n a ti c intendent of the same, shall be appointed by the Governor, with the ad- 
y urn. ^^^ g^j consent of the Senate. All other necessary officers and em- 
ployees shaiX be appointed by the Goyemor. 

ARTICLE Xn. 

"~ corporations. 

Corpora- SECTION 1. Corporations may be formed under general laws ; but all 
tions. such laws may from time to time be altered or repealed. 

Section 2. The property of corporations now existing, or hereafter 

axa ion o* created, shall be subject to taxation, except in cases otherwise provided 

for in this Constitution. 

Section 3. No right of way shall be appropriated to the use of any 

w^^ * ^corporation until full compensation therefor shall be first made, or secured 

by a deposit of money to the owner, irrespective of any benefit from any 

' improvement proposed by such corporation, which compensation shall be 

ascertained by a jury of twelve men, in a Court of record, as shall be 

prescribed by law. ; 

-^ . Section 4. Dues from corporations shall be secured by such individ- 

*• ual liability of the stockholders and other means as may be prescribed 

by law. 

Section 5. All general laws and special Acts passed pursuant to this 

^«™^ftl^®- Section shall make provisions therein for fixing the personal liability of 

BponsiDi xty. stockholders under proper limitations ; and shall prevent and punish 

fraudulent misrepresentations as to the capital, property and resources of 

such corporations ; and shall also regulate the pubhc use of all franchises 

which have heretofore been, or hereafter may be, c ^ated or granted by or 



SOUTH carolhsta. 25 

under the authority of this State, and shall limit all tolls, imposts, and A. D. 1868. 
other charges and demands under such laws. s,.i^y,^^ 

Section 6. The General Assembly shall grant no charter for banking Banking: 
purposes, nor renew any banking corporations now in existence, except corporations, 
upon the condition that the stockholders shall be liable to the amount of 
their respective share or shares of stock in such banking institution, for 
all its debte and liabUities, upon note, bUl, or otherwise ; and upon the 
further condition that no Director or other officer of said corporation 
shall borrow any money from said corporation ; and if any Director or 
other officer shall be convicted, upon indictment, of directly or indirectly 
violating this Section, he shall be punished by fine or imprisonment, at 
the discretion of the Court. The books, papers and accounts of all 
banks shall be open to inspection, under such regulations as may be pre^ 
Bcribed by law. 

ARTICLE Xni. 

KILITIA. 

Section 1. The militia of this State shall consist of all able-bodied 
male citizens of the State between the ages of eighteen and forty-five ^"^*^- 
years, except such persons as are now, or may hereafter be, exempted by 
the laws of the United States, or who may be adverse to bearing arms, as 
provided for in this Constitution; and shall be organized, armed, 
equipped and disciplined as the General Assembly may by law provide. 

Section 2. The Governor shall have power to call out the militia to ]y[ a ^ ^^ 
execute the laws, repel invasion, repress insurrection, and preserve the called out 
public peace. 

Section 3. There shall be an Adjutant and Inspector-General elected Adjutant 
by the qualified electors of the State, at the same time and in the same and Inspect- 
manner as other State officers, who shall rank as a Brigadier-General, or-^e^^^raL 
,and whose duties and compensation shall be prescribed by law. The 
Governor shall appoint, by and with the advice and consent of the Senate, 
such other staff officers as the General Assembly may direct. 

ARTICLE XIV, 
hibcellaneous. 

Section 1. No person shall be elected or appointed to any office in Qualifica* 
this State, unless he possess the qualifications of an elector. tions for office 

Section 2. Lotteries, and the sale of lottery tickets, for any purpose Lotteries, 
whatever, are prohibited, and the General Assembly shall prevent the 
same by penal laws. 

Section 3. The State Library shall be subject to such regulations as State Li- 
the General Assembly may prescribe. brary. 

Section 4. The General Assembly may direct by law in what manner Qajms. 
claims against the State may be established and adjusted. 

Section 5. Divorces from the bonds of matrimony shall not be al- Divorces, 
lowed but by the judgment of a Court, as shall be prescribed by law. 
4 



OONSTITUnON. 

A. D. 1668. Section 6. No person who denies the existence of the Supreme Being 
^*— "N^— ^ shall hold any office under this Constitution. 

Section 7. The printing of the laws, journals, Bills, legislative docu- 
rrmimg. j^g^i^ ^nd papers for each branch of the General Assembly, with the 
printing required for the Executive and other Departments of State, shall 
be let on contract in such manner as shall be prescribed by law. 
, Section 8. The real and personal property of a woman, held at the 
pr^CTtyf ^ * time of her marriage, or that which she may thereafter acquire, either by 
gift> grant, inheritance, devise or otherwise, shall not be subject to levy 
and sale for her husband's debts, but shall be held as her separate prop- 
erty, and may be bequeathed, devised or alienated by her the same as if 
she were unmarried : Provided, That no gift or grant from the husband 
to the wife shall be detrimental to the just claims of his creditors. 
Bemovalof Section 9. The General Assembly shall provide for the removal of all 
causes. causes, which may be pending when this Constitution goes into effect, to 

Courts created by the same. 
SECTION 10. The election for all State officers shall take place at the 
StSe officers ®^"^® *^™® ^ ^f provided for that of members of the General Assembly, 
' and the election for those officers whose terms of service are for four 
years shall be held at the time of each alternate general election. 

ARTICLE XV. 

AMENDMENT AND BEVISION 01? THE CONSTITUTION. 

Section 1. Any amendment or amendments to this Constitution may 
ment^to^th"^® proposed in the Senate or House of Representatives. If the same be 
Constitution, agreed to by two-thirds of the members elected to each House, bu^ 
amendment or amendments shall be entered on the journals respectively, 
with the yeas and nays taken thereon ; and the same shall be submitted 
to the qualified electors of the State, at the next general election theve* 
after for Representatives, and if a majority of the ekctors qualified to xufbe 
for members of the General Assembly, voting thereon, shall vote in fisivw 
of such amendment or amendments, and two-thirds of each branch <xf 
the next General Assembly shall, after such an election, and before an- 
other, ratify the same amendment or amendments, by yeas and nays, the 
same shall become part of the Constitution : Provided, That such amend- 
ment or amendments shall have been read three times, on three -several 
days, in each House. 
If tw Section 2. If two or more amendments shall be submitted at the same 

jtioie time, they shall be submitted in such manner that the electors shall vote 

for or against each of such amendments separately. 
•Section 3. Whenever two-thirds of the members elected to each 
^ Q branch of the General Assembly shall think it necessary to call a Con- 

tions. ' vention to revise, amend or change this Constitution, tJiey shall recom- 

mend to the electors to vote at the next election for Representatives for 
or against a Convention ; and if a majority of all the electors voting at 
said election shall have voted for a Convention, the General Assembly 
shall, at their next session, provide by law for calling the same ; and such 
Convention shall consist of a number of members not less than that of 
the most numerous branch of the General Assembly. 



OEDIMNCES. 



AN ORDINANCE AD. 1868. 

To Levy a Sptecdal Tax. to Defray the Expenses of ikia Convention and pr^ 

serve the credit of the State. 

We, the People of tjie State of South Carolina, by our Delegates in CSm* 
vention met, do ordain, That there shall be assessed and collected by the ^^^ ^^ffh' 
Tax Collectors of the several Districts and Parishes in this State, in ad- £on^y|nUon.-^ 
dition to the tax already levied under General Order No. 139, issued 
from Headquarters Second Military District by Brevet Major-Greneral E. 
B. S. Canby, commanding said District, dated Charleston, December 3, 
1S67, the following taxes, which shall be collected by the persons and at 
the times and in the manner prescribed by said General Order : On all 
real estate, seven and a half cents on every hundred dollars, excepting 
such lands as are exempted in Article 1 of said General Order. On arti- 
cles manufactured for sale, barter or exchange, between the first day of 
January, 186$, and the first day of January, 1869, fifteen cents on every 
hundrea dollars, to be paid by the manufacturer. On buggies, carriages, 

Sold and silver plate, watches, jewelry and pianos, on hand on the first of 
anuary, 1868, except when held by dealers for purposes of sale, fifty 
conts on every hundred dollars. From the sale of goods, wares or mer- 
chandise, embracing all the articles of trade, sale, barter or exchange 
(the cotton taxed by the United States excepted) which any person shall 
make between the first day of January, 1868, and the thirty-first day of De- 
cember, 1868, fifteen cents on every one hundred dollars. And the Tax 
Collectors, Sheriffs, or any other persons whose duty it may be to collect, 
or the Treasurer of the State, whose duty it is to receive, shall be liable, 
upon their respective ofiicial bonds, for neglecting or refusing to collect, ' 
safely keep,, pay over, and disburse the same, in conformity to the orders 
of this Convention. 

Section 2. Be it further ordained, That a sufficient amount of the 
sum thus realized is hereby appropriated to refund to the Treasurer of. 5*^^^^^? 
the State of South Carolina any sum or sums which may be advanced by ury. ^ ^^***' 
the order of Greneral Canby, or otherwise, for the payment of the per 
diem, mileage, or other expenses of this Convention, in Bills Beceivaole 
of the State. 

Seotioin 3. Be it further ordained. That the faith and credit of the 
State are hereby pledged for the redemption of Bills Eeceivable of the^?!^^*^*^®^'^* 
State of South Carolina, issued in conformity to an Act of the General 
Assembly of the said State in December, 1865, and subsequently the Aot 
of September, 1866 ; and also for the payment of the bonds and. other 



2S ORDINANCES. 

A. B. 1868 obligations of the State : Provided, That all obligations created for the 
^""■^v*""^ purpose of aiding the rebellion, and for maintaining a hostile govern- 
ment to the laws and authorities of the United States, are hereby declared 
to be null and void, and shall never be paid by any tax to be imposed 
upon the people of South Carolina. 
- Section 4. Be it further ordained, That for the purpose of defraying 

CommaQder^^® current expenses of this Convention, the payment of its officers, 
to iasuo drafts members and contingent accounts, Brevet Major-General E. R. S. Canby, 
commanding the Second Military District, be requested to issue, from 
time to time, as may be necessary, such orders upon the Treasury of the 
State of South Carolina, for the payment of such sums as may be author- 
ized by this Convention, in such amounts as may be agreed upon between 
the President of the Convention -and the General Commanding, to the 
officers and members of this body, for their per diem and mileage, and 
^ for the current expenses of the same ; and that the amount of tax herein 
authorized to be levied shall be placed in the Treasury of the State to 
reimburse said advances. 
Section 5. Be it further ordained, That if the taxes levied and 
^^ooM of assessed under this Ordinance should be in excess of the whole expenses 
of this Convention, they shall be retained in the Treasury, subject to the 
future order of this Convention, or of the General Assembly, which may 
meet in conformity to the provisions of the Constitution to be adopted by 
this Convention. Should there be any deficiency in the sum required to 
be raised by taxation under this Ordinance to reimburse the Treasury 
for its outlay, the first General Assembly which shall assemble hereafter 
shall make such ftirther provision as may be necessary to raise funds for 
the purpose. 

Done in Convention, at the city of Charleston, this twenty-ninth day 
of January, in the year of our Lord one thousand eight hundred 
and sixty-eight. 

A. G. MACKEY, 
President Constitutioiuil Conventiou. 
j2Sk.twest I 

C J, SfTotBttASTD, Secretary. 



AN ORDINANCE 

» 

To divide Picken8 District into two Ehction and Judi(fial Districts, 

We, the People of South Carolina, in Convention met, do ordain, That 
Division of Pickens District be divided into two Judicial and Election Districts by a 
Pickens Dis- line leaving the southern boundary of the State of North Carolina where 
^^^ the White Water River enters this State, and thence down the centre of 

said river, by whatsoever names known, to Ravenel's Bridge, on Seneca 
River, and thence along the centre of the road leading to Pendleton vil- 
lage, until it intersects the line of the District of Anderson ; that the 
territory lying east of said line shall hereafter constitute the Judicial 
and Election District of Pickens ; and the territory lying west of said 
line shall constitute a new Judicial and Election District, to be called 
Oconee District 



ORDINANCES. 



Piokenf. 



Oco&eo. 



Section 2. That James Lewis, James H. Ambler, Rees Bowen, James A. 13.1888. 
A. Hagood and W. T. Fields be, and they are hereby, appointed Special 
Commissioners to select a proper site, and locate a new court house town 
Ibr Pickens District, which site shall be as near the centre of the District 
as may be practicable ; and for this purpose they are hereby authorized 
to purchase in the name of the State a tract of not less than one hun- 
dr^, nor more than four hundred acres of land, and after reserving a 
eafficient quantity for the public buildings, lay out the balance into town 
lots of various sizes, as they shall deem most desirable, and after not less 
than, two months' previous public notice, sell the same at public sale to 
the highest bidder, for cash, or otherwise, as may seem to them best, 
making titles thereto in the name of the State ; the proceeds of said sale, 
after paying for the lands purchased, to be applied by said Commission" 
ers to the erection of a court house and jail, which shall be completed as 
aoon as is practicable. 

Section 3. That Wesly Pitchford, W. E. Holcombe, Bry Frotwell, 
M. F. Mitchel and Dr. 0. M. Doyle be, and they are hereby, appointed 
Special Commissioners to select a proper site, and locate and erect a court 
house and jail for Oconee District, which location shall be either at the 
town of Walhalla, or at some point on the Blue Ridge Railroad between 
that place and Perry ville ; and for the purpose of erecting said court 
house and jail said Commissioners are hereby authorized, if sufficient 
contributions and means cannot be otherwise raised, to purchase in the 
name of the State^ so much land, not exceeding the amount limited to 
Pickens District, as they shall deem necessary, and to lay out, sell and 
convey the same as the Commissioners for Pickens District are author- 
ized to do ; the proceeds of said sale, after paying for the lands purchased, 
to be applied by the said Commissioners to the erection of a court horse 
and jail for said District, which shall be completed as soon as practicable. 

Section 4. That the two Boards of Commissioners acting together are 
hereby authorized to sell the present court house and jail, with the pub- 
lic grounds of Pickens District, and convey the same in the name of the 
State, upon such terms as they shall deem most desirable; the proceeds 
of said sale to be equally divided between the two Boards, and applied 
by them to the erection of the new buildings for their respective Districts : 
Provided, .That the present court house and jail shall be used for the two 
Districts until new jails are erected, and some convenient arrangements, 
temporarily or otherwise, for holding the Courts separately at the new 
locations, as to one or both, shall have been made. 

Section 5. That it shall be the duty of the said Boards of Commis- 
sioners to report their action respectively in the premises to the first ses- 
sion of the first General Assembly that shall assemble by authority of the 
Constitution adopted by this Convention ; and of the said General Assem- 
bly in the same session to perfect the division and complete the organiza- 
tion of the said Districts of Pickens and Oconee, as the other Judicial and 
Election Districts of the State. 

Done in Convention, at the city of Charleston, this twenty-ninth day 
of January, in the year of our Lord one thousand eight hundred 
and sixty-eight. 

A. G. MACKEY, 
President of the Constitutional Convention* 
Attest: 

C. J. Stolbrand, Secretary, 



Diviilou < 
asseti. 



Beport < 
Commiasloi 
era. 




AN ORDINANCE 

Dee&imt^ nrM cmdvoid oM GonbradB and Judgments and DtcreeB^Jwrd^ 
/ore made and entered up, where the conaideration ^a« for the pwrclumt 
cf.ilaveB. 

We, the People of SoM Carolina, in Convention mM, do hereby ordomi 
for flaves*^** -^^^ ^^^ contracts; whether under seal or not, the consideration of which* 
was the purchase of slaves, are hereby declared null, void, and of no 
efifect; and no suit, either at law or in equity, shall be commenced or 
prosecuted for the enforcement of such contracts; 
l^i'oce^dings SECTION 2. That all proceedings to enforce satisfaction or payment of 
proniDited. judgment or decrees rendered, recorded, enrolled or entered up on suck 
contracts in any Court of this State are hereby prohibited. 
Orders null Section 3. That all orders heretofore made in any Court in this Stat6^ 
»ad void. ^^ relation to such contracts, whereby property is held subject to decision, 
a» to the validity of such contracts, are also hereby declared null, void, 
and of no effect 

Bone in Convention^ at the city of Charleston, this thirtieth day of 
January, in the year of our Lord one thousand eight hundred and 
sixty-eight. 

A. G. MACEEY, 
"- President of the Constitutional Convention:* 

Attest: 

C, J; StOtBRAjirDj Secretary. 



I V t^ .^. i gl ' 



AN OEDIiTANCE 

Defining the Fay. and Mileage of ike Members and Officers of this Conven- 
tion. 

We, the People of South Carolina, in Convention assembled, do ordain. 

Per diem of That the pay, per diem, of the members shall be eleven dollars ($11.00) ; 

metnbers and Sergeant-at- Arms, eleven dollars ($11.00); Secretary, eleven dollars 

?®;f«"J.^*^e ($11.00); Assistant Sergeant-air Arms, eight dollars ($8.00); Assistant 

i^onyeotion. ^^ ^^^^^^ ^jgl^^ ^^y^^ ( jg 00) . Engrossing Clerk, eight dollars ($8.00) ; 

Reading Clerk, seven dollars ($7.00) ; Doorkeeper, eight dollars ($8.00) ; 

Assistant Doorkeeper, six dollars ($6.00) ; two Messengers, five dollard. 

($6,00) each ; and Janitor, four dollars ($4.00) ; in Bills Receivable of 

the State, which have not the par value of United States currency. 
"Mileage. Section 2» And be it further ordmned, That the mileage of members 

and (»Bicers of the Convention shall be twenty (20) cents per mile to and 

from the Convention by the usual mail routes. 
Finance Section 3. And, be it further ordained. That all payments made in 
Gonmuttee. coBSfonnity to tine several pcrovisions of this Ordinance or Ordinances shall 



OEDIKANaES. 81 

be upon the recommendation of the Finance Committee and upon the A.l>.1B6d. 
authority of the President of the Convention. 

Done in Convention, at the city of Charleston, this thirty-first day of 
January, in the year of our Lord one thousand eight hundred and 
sixty-eight. 

A. G. MACKEY, 
President of the Constitutional Convention. 
Attest: 

C. J. Stolbbai^d, Secretary. 



Ai^ ORDINANCE 

To provide for the notification of the CondittUion, and for the JElection of 

certain Officers. 

We, the people of Sovth Carolina, in Convention met, do ordain. That on Batification 
the 14th, 15th and 16th days of April, 1868, the Constitution adopted by tu*^® ^°^^*^" 
this Convention shall be submitted for ratification or rejection to the reg- 
istered voters of this State; and also that, at the same time, an election Electiozk. 
shall be held for Governor, Lieutenant-Governor, Adjutant and Inspec- 
tor-General, Secretary of State, Comptroller-General, Treasurer, Attor* 
ney-General, Superintendent of Education, and members of the General 
Assembly. And, furthermore, that at the same time an election shall be 
leld in each Congressional District for a member of the House of Rep- 
resentatives of the United States Congress. 

Section 2. That the election for the ratification or rejection of the Con- Returns, 
etitution and for the aforementioned officers shall be held at such places 
and under such regulations as may be prescribed by the Commanding 
General of this Military District, and the returns made to him as directed 
by law. 

Section 3. That in voting for or against the adoption of the Constitu- 
tion the words " For Constitution," or " Against Constitution," shall be voting^^' ^^ 
written or printed on the ballot of each voter ; but no voter shall vote for 
Or against the Constitution on a separate ballot from that cast by him for 
officers. 

Section 4. That a Board of Commissioners is hereby appointed, to 
consist of Messrs. E. W. M. Mackey, F. L. Cardozo, A. J. Kansier; and Board of 
C. C. Bowen, who shall keep an office for the transaction of business in ^Damission- 
the city of Charleston, and who may employ such clerical force as may 
be necessary, and who are empowered to cause to be appointed suitable 
,persons for Managers of Elections in each County in the State to hold the 
election provided for by this Ordinance. Said Commissioners shall have 
power to use all the necessary means to secure a full and feir vote upon 
the Constitution and the election of officers. 

Section 5. That in case of the death, resignation, or inability to serve, Vacancies, 
of any member or members of said Board of Commissioners, the Presi- 
xient of this Convention shall have power to fill such vacancy. 

Section 6. That should the said Board of Commissioners deem it nee- Extension 
-cssary or expedient, they are hereby authorized to extend in. any Ccointy ^^ time. 



8S OEDINANCEB. 

A. D. 1868. or Counties, election precinct or precincts, the number of days during 
^-^-^r**-^ which the election aforesaid is to be held from three to five. 

Section 7. That within thirty days after the ratification of this Con- 
Election of g^j^uljiQjj^ an election shall be held in and for each County, at such time 
cers? ^ ^ " and places, and under such regulations as may be prescribed by said 
Board of Commissioners, for the election of all County officers required by 
this Constitution to be elected by the people. And the said Board shall 
also have authority to call elections for all municipal officers, at present 
elected by the people, at the same time, and subject to such regulations 
as said Board may prescribe, not inconsistent with this Constitution or 
the charters of such municipal bodies. And at such elections every qual- 
ified elector under the provisions of this Constitution may vote for all offi- 
cers to be elected. 
!Payof Com^ Section 8. That the Commissioners herein appointed shall receive for 
toissionert. their services five dollars per day in United States currency, or its equiva- 
lent in Bills Receivable of this State. 
Power to Section 9. That the President of this Convention, upon the requisi- 
draw money. ^Jq^ Qf g^id Board of Commissioners, shall have power to draw from the 
Treasury of the State all moneys necessary to pay the expenses incurred 
under this Ordinance, and which the Oeneral commanding this Military 
District is not authorized to assume. 
Keport Section 10. That the said Board of Commissioners, as soon as they 

have carried out the provisions of this Ordinance, shall make to the 
General Assembly a report of their proceedings, and a statement of the 
moneys expended by them. 

Done m Convention, at the city of Charleston, this seventh day of 
March, in the year of our Lord one thousand eight hundred and 
sixty-eight. 

A. G. MACKEY, 
President Constitutional Convention. 
Attest : 

C. J. Stolbband, Secretary, 



AN ORDINANCE 

jb divide the Staie into four Congressional Districts* 

We^ the People of the State of South Carolina, in Convention met, do or- 
Co MS* • dain^ That the State of South Carolina shall be, and the same is hereby, 
auSfilrioST' divided into four Congressional Districts, as follows: First Congressional 
District to be composed of the Counties of Lancaster, Chesterfield, 
Marlborough, Darlington, Marion, Horry, Georgetown, Williamsburg, 
Sumter, Clarendon and Kershaw. Socoud Congressional District to be 
composed of the Counties of Charleston, Colleton, Beaufort and Barn- 
well. Third Congressional District to be composed of the Counties of 
Orangeburg, Lexington, Richland, Newberry, Edgefield, Abbeville and 
Anderson ; and the Fourth Congressional District to be composed of the 
Counties of Oconee, Pickens, Greenville, Liurens, Spartanburg, Union, 
York, Chester and Fairfield. 
Sbction 2. That until the next apportionment be made by the Con- 



ORDINANCES. 33 

gress of the United States, each of the said Congressional Districts shall A. D. 1868. 
be entitled to elect one member to represent this State in the Congress of ^'— "v— ^ 
the United States. After such new apportionment by Congress, the Gen- Represent- 
eral Assembly shall divide the State into as many Congressional Dis- **^^®*- 
tricts as we are entitled to members in the House of Representatives. 

Section 8. That at the first election under this Constitution two x> *. 

Representatives shall be elected at large on the State ticket, to Fepresent ativesat large 
the overplus of our pojM|&'tion. Should they obtain seats, they shall 
continue to be so electeduntil the new apportionment after the census of 
1870. 

Done in Convention, at the city of Charleston, this eighth day of 
March, in the year of our Lord one thousand eight hundred and 
sixty-eight. 

A. G. MACKEY, 
President Constitutional Convention. 
Attest : 

C. J. Stolbrand, Secretary. 



AN ORDINANCE 

Requiring the General Assembly to appoint Cmnmmioners to investigate 
and ascertain what obligaiions of the State are entitled to be lield as valid 
and binding upon the Staie, 

We, the People of South Carolina, by our Delegates in Convention mety General Aa- 
do ordain, That it shall be the duty of the General Assembly, at its first semblyto ap- 
session, to appoint Commissioners to investigate and ascertain Nwhat obli- Siissioners^at 
gations of the State are entitled to be held as valid and binding upon the its fir^t sea- 
State, in conformity with the provisions of this Constitution, and the sion. 
Ordinances adopted by this Convention, and to report thereon to the Keport 
General Assembly ; and until the General Assembly shall have ascer- Payment of 
tained the validity of such obligations, no payment for either principal or fncu^ed pri- 
interest shall be made on any outstanding obligation created and incurred or to April 
prior to the twenty-ninth day of April, 1865. 29, 1865. 

Done in Convention, at the city of Charleston, this twentieth day of 
February, in the year of our Lord one thousand eight hundred and • 
•ixty-eight. 

A. G. MACKEY, 
President of the Constitutional Convention. 
Attest: ' 

C. J. StolbbjLnd, Secretary. 



AN ORDINANCE 

To create a Board of Land Commissioners, 

We, the People of South Carolina, in Convention mety do ordain^ That it 
6 



84 ORDINANCES. 

A. D. 1868. shall be the duty of the General Assembly to pi'ovide for the establish- 
^'-^"v—^ ment of a Board, to be known and designated as Commissioners of Pub- 
Land Com- lie Lands, of which Board the Comptroller-General of the State shall be 
missioners. ^ member, and to define the powers and duties of said Board, and fix the 
compensation of the members, and to provide for the current expenses 
thereof 
Section 2. The Commissioners of Public Lands shall have authority, 
DTOD^rtv under regulations provided by law, to purchase, at public sales or other- 
wise, improved and unimproved real estate within this State, which, in 
the judgment of such Commissioners, shall be suitable for the purpose 
intended by the fourth Section of this Ordinance : Provided, That the 
aggregate amount of purchase made in any fiscal year shall not exceed 
the par value of the public stock of this State created and appropriated 
by the General Assembly for the purposes contemplated in the fourth 
Section of this Ordinance for such fiscal year : And provided, also. That 
I the rate at which any purchase shall be made shall not exceed seventy- 

five per cent, of the value of the land so purchased, including the im- 
provements thereon, such valuation to be ascertained in the manner 
hereinafter provided by law. 
' Section 8. The General Assembly shall have authority to issue to said 

To issue Commissioners public stock of this State to such amount as it may deem 
stock. expedient ; which stock, or the proceeds thereof, the Commissioners shall 

have authority to apply in payment of all purchases made in accordance 
with the second Section of this Ordinance : Provided, That such public 
stock shall not be negotiated at a rate less than the par value thereof. 
Section 4. The said Commissioners shall have authority, under such 
Survey of regulations as shall be established by the General Assembly, to cause the 
lands. ^2A^ lands to be surveyed and laid off into suitable tracts, to be sold to 

actual settlers, subject to the condition that one-half thereof shall be 
placed under cultivation within three years from the date of any such 
purchase , and that the purchaser shall annually pay interest upon the 
amount of such purchase money remaining unpaid, at the rate of seven 
per centum per annum ; and, also, all taxes imposed thereon, by or under 
the authority of the United States or of this State ; and, in addition 
thereto, shall, in every year after the third from the date of said purchase, 
pay such proportion of the principal of said purchase as shall be re- 
quired by the General Assembly. The titles to said lands shall remain 
in the State until the amount of said purchase shall be paid, principal 
and interest ; but a certificate of such purchase shall be assignable after 
three years from the date thereof. 
Section 5. All lands purchased by said Commissioners, or the pro- 
Lands shall ceeds of the sales thereof, shall be and remain pledged for the redemption 
be pledged. q( i\^q public stock issued under Section third of this Ordinance. But 
the General Assembly shall have authority, subject to such lien and 
pledge, to make upon the faith and credit of said fund ftirther issues of 
public stock ; but the stock issued as last aforesaid, and the proceeds 
thereof, shall be used exclusively for the redemption of the public debt 
of the State outstanding at the date of such issues and which shall not 
be fdnded. 
Security of Section 6. The General Assembly shall provide by law for the secu- 
he funds. ^j^y ^f ^^iq funds in the hands of the Commissioners of Public Lands, 



ORDINANCES. 36 

and for the accountability of such officers, and shall require bonds to be A. B. 186a 
given therefor. 

Done in Convention, at the city of Charleston, this seventh day of 
March, in the year of our Lord one thousand eight hundred and 
sixty-eight. 

A. G. MACKEY, 
President Constitutional Convention. 
Attest : 

C. J. Stolbrand, Secretary. 



AN ORDINANCE 

To amend an Ordinance entitled "An Ordinance to provide for the ratifi- 
cation of the Constitution and Ordinances, and for the election of certain 
officers.'' 

We, the People of the State of South Carolina, in Convention met, do 
ordain, That the aforesaid Ordinance be so amended as to strike out the Amendment 
words '[ and Ordinances " in the following places, to-wit : In the first line ^f Ordmance. 
of Section 2, first line of Section 3, second line of Section 3, sixth line , 
of Section 4, and wherever else they occur. 

Done in Convention, at the city of Charleston, this hinth day of 
March, in the year of our Lord one thousand eight hundred and, 
sixty-eight. 

A. G. MACKEY, 
President Constitutional Convention. 
Attest: * . 

C. J. Stolbrand, Secretary. 



AN ORDINANCE 

To repeal all Acts of Legislation passed since the twentieth day of Decern- 
her, one thousand eight hundred and sixty, which pledge the faith and 
credit of the State for the benefit of any corporate body. 

Whereas it is inexpedient that when the credit of the State is advanced 
or pledged for the benefit of public enterprises and works in which the ^j^^g ^^*^ ^^ 
people of the State are interested, that power should be lodged in the 
General Assembly to exercise a salutary control over such public enter- 
prises and works, to the end that the commerce and industry of the , 
State should be adequately fostered and promoted ; therefore. 

We, the People of South Carolina, in Convention met, do ordain. That 
all acts or pretended acts of legislation purporting to have been passed pledging 
by the Genial Assembly of the State since the twentieth day of Decem- credit of the 
ber, A. D. 1860, pledging the faith and credit of the State for the benefit State, 
of any corporate body or private individual, are hereby suspended and 
declared inoperative until the General Assembly shall assemble and ratify 



86 ORDINANCES. 

« 

A. D. 1868 the same. And it shall be the duty of the General Assembly, at its first 
session after the passage of this Ordinance, to attend to the same. 

Done in Convention, at the city of Charleston, this fifteenth day of 
March, in the year of our Lord one thousand eight hundred and 
sixty-eight. 

A. G. MACKEY, 
President of the Constitutional Convention- 
Attest : 

C. J. Stolbkand, Secretary. • 



AN ORDINANCE 

Instructing the Oeneral Assembly to provide for appropriating the Oitadel 

for Educational purposes. 

We, the People of South Carolina, in Convention met, do ordain, That 
the General Assembly is hereby instructed to provide, by suitable laws, 
for the appropriation of the Citadel and grounds, in the city of Charles- 
Citadel." ton, for educational purposes, said buildings and grounds to be devoted to 
the establishment of an institution of learning, which shall be a body 
politic and corporate, and shall be managed by a Board of Trustees and 
their successors, who shall be chosen by the General Assembly, and shall 
be subject to visitation by and under its authority. Said institution of 
learning shall have power to establish schools of law and medicine, and 
to issue diplomas that shall entitle the holders to practice said professions, 
as shall be prescribed by law. 

Done in Convention, at the city of Charleston, this sixteenth day of 
March, in the year of our Lord one thousand ^ght hundred and 
sixty-eight. 

A. G. MACKEY, 
President Cojistitutional Convention*. 
Attest: 

C. J. Stolbkand, Secretary. 



AN ORDINANCE 

To provide for the Organization of the General Assembly at its first session, 
and for tJie Inauguration of the Governor and Lieutenant' Governor. 

Tif f f ^^» ^^^ People of South Carolina, in Convention met, do ordain. That 
the General*^® members of the General Assembly elected under the provisions* of the 
Assembly. Constitution shall assemble in the capitol, at the city of Columbia, on 
Tuesday, the twelfth day of May, 1868, at 12 o'clock M. 

Section 2. That each House shall be temporarily organised by the 
Temporary election of a presiding officer, to whom the oath of office shall be admin- 
organization, jg^^j.^^. |jy ^^ President of this Convention, and which presiding officer 

shall then administer the said oath to the other members. 



ORDINANCES. 



37 



Section 3. That as soon as the House of Representatives is perma- A. D. 1868. 
nently organized by the election of a Speaker, and shall have appointed ^— >v^-— ^ 
a day for that purpose, the Governor shall be installed into office in, the Installation 
presence of both Houses, and the oath of office shall be administered to qIj^^^^ 
him by the President of this Convention, who shall, immediately there- 
after, administer the said oath to the Lieutenant-Governor in the Senate 
chamber. 

Section 4. That for the purpose of administering these oaths of office, 
the President of this Convention shall be continued in the prerogatives of ^^th of of- 
his office until that duty shall have been performed. And at all subse- 
quent inaugurations of Governor and Lieutenant-Governor, the oath of 
office shall be administered by the Chief Justice of the Supreme Court, or, 
in his absence, by one of the Associate Justices ; and the General Assem- 
bly shall, at its first session, provide by law for its organization in future. 
Done in Convention, at the city of Charleston, this sixteenth day of 
March, in the year of our Lord one thousand eight hundred and 
sixty-eight. 

A. G. MACKEY, 
President Constitutional Convention. 
Attest : 

C. J. Stolbrand, Secretary. ^^ 



AN ORDINANCE 



To elect five Commissioners to inquire into the Liabilities of (lie State, 

Whereas the financial condition of the State renders it necessary that 
the General Assembly at its first session should adopt the measures requi- 
site to apply its available resources to the discharge of its valid obliga- 
tions ; and whereas it is essential to that end that an investigation of the 
condition of the financial resources of the State should be made without 
delay, in order that the results thereof may be submitted to the General 
Assembly at such first session : 

We, the People.of South Carolina^ in Convention assembled, do ordain, 
That five Commissioners be appointed, in the manner hereinafter provided, 
whose duty it shall be to investigate the finanpial condition of the State, 
and the situation and value of all property, assets, securities, and other 
resources applicable to the discharge of its valid obligations, and to report 
thereon, with their recommendations, to the General Assembly, upon its 
being convened, or as soon thereafter as practicable. 

Section 2. Such Commission shall have authority to ifwpect all pub- 
lic records, accords, accounts and vouchers ; to call for reports under 
oath, in such form as they shall prescribe, from all public officers having 
knowledge of facts or possession of matters pertinent to such investiga- 
tions ; to summon witnesses, to administer oaths, and to examine all per- 
sons who, in their judgment, may have knowledge of any such matters. 

Section 3. It shall be the auty of any person or officer, under a 
penalty of ^ve hundred dollars, to be recovered in any Court of record 
in the name of said Commissioners, upon notification or summons, to 
make such report and to attend at any time and place at which he may 



Preamble. 



General As- 
sembly to ap- 
point Com- 
missioners. 



Powers of 
C ommission- 
ers. 



Penalty of 
Bank officers. 



38 ORDINANCES. 

A. D. 1868. be required to appear for such examination, and to produce any docu- 
^— N^-"— ^ ment or writing, the production of which shall be required by such noti- 
Witness fees, fication or summons. Witnesses attending for such examination may be 
allowed the customary rates, to be paid as a part of the contingent ex- 
penses of the Commission. Any person guilty of knowingly and wilfully 
Penalty for making any false statement under oath or affirmation in respect thereto 
making false shall be guilty of wilful and corrupt perjury, and liable to the pains and 
statement, penalties therefor prescribed by law. 

Section 4. Said Commissioners shall be elected by the delegates of 
y. . n this Convention, by a plurality of votes, and shall receive the same per 
pay of Com- diem allowance as members of the General Assembly, and actual ex- 
missioners. penses incurred in traveling in the performance of said duties ; and the 
Committee shall commence their work on or before the 20th March, 
1868. And one of these Commissioners shall be elected from each Con- 
gressional District, and two from the State at large. 
S" 000 - Section 5. The sum of five thousand dollars is hereby appropriated 
propria ted for the pay of said Commissioners, and the contingent expenses of said 
Commifision- Commission, which sum shall be placed by the Treasurer of the State, 
^en 'e^^ ^^' ^^ *^^ currency of the United States, or the Bills Eeceivable of this 
State, guaranteed under the authority of this Convention, to the credit of 
the Commission, and shall be drawn upon the warrant of the Chairmsui 
of this Commission, countersigned by the President of this Convention, 
and shall be drawn for no other account whatsoever. 
Section 6. The General Assembly shall have authority to extend the 
(^nerar^^s-P^^®^® ^^ ®*^^ Commission or to modify the same ; and when in their 
sembly to judgment the objects of this Ordinance are fully attained, to terminate 
regulatepow- &aid Commission, making provision by law for the payment of any defi- 
missbn^s "^" ciency of the appropriation hereby made to meet the lawful expenses of 
said Commission. 

Done in Convention, at the city of Charleston, this sixteenth day of 
March, in the year of our Lord one thousand eight hundred and 
sixty-eight. 

A. G. MACKEY, 
President of the Constitutional Convention. 
Attest : 

C. J. Stolbrand, Secretary. 



f 



LIST OF DELEGATES. 



A. G. MACKEY, of Charleston, President. 



Abbeville — John A. Hunter, Wm. N. Joiner, Hutson J. Lomaz, 
Baily Milford and Thomas Williamson. 

Anderson — Samuel Johnson, N. J. Newell and Wm. Perry. 

Berkeley — M. F. Becker, Benjamin Byas, D. H. Chamberlain, W. H. 
W. Gray, Timothy Hurley, Joseph H. Jenks, Wm. Jervey, (Jeorge Lee 
and A. C. Richmond. 

Beaufort — ^James D. Bell, R. G. Holmes, L. S. Langley, Robert 
Smalls, W. J. Whipper, Francis E. Wilder and J. J. Wright. 

Barnwell — James N. Hayne, Charles D. Hayne, Charles P. Leslie, 
Julius Mayer, Abram Middleton and Niles G. Parker. 

Charleston — C. C. Bowen, Richard H. Cain, JFrancis L. Cardozo, 
Robert C. DeLarge, Wm. McKinlay, Gilbert Pillsbury and A. J. Ran- 
sier. 

Chester — P. Alexander, B. Burton and S. Sanders. 

Colleton — ^Jesse S. Craig, Wm. Driffle, Wm. M. Thomas and Wm. 
M. Viney. 

Clarendon — ^Elias Dickson and Wm. Nelson. 

Chesterfield — "R. J. Donaldson and H. L. Shrewsbury. 

Darlington — ^Isaac Brockenton, Richard Humbird, Jordan Lang and 
B. F. Whittemore. 

Edgefield — ^Frank Amim, John Bonum, R. B. Elliott, Davis Harris, 
P. R. Rivers and John Wooley. 

Fairfield — ^H. D. Edwards, Henry Jacobs and James M. Rutland. 

Greenville — James M. Allen, James M. Runion, Wilson Cooke and 
W. B. Johnson. 

Georgetown — ^Franklin F. Miller, Joseph H. Rainey and Henry W. 

Webb. 
Horry — ^Henry Jones and Augustus Thompson. 
Kershaw — John A. Chestnut. S. G. W. Dill and J. K. Jillson. 
Lexington — Lemuel Boozer and Simeon Corley. 
Lancaster — ^Albert Clinton and Charles Jones. 



2 

Laurens — ^Joseph Crews, Harry McDaniels, Nelson Davis and Y. J. 
P. Owens. 

Marion — ^Wm. S. Collins, J. W. Johnson, H. E. Hayne, and Benj. 
A. Thompson. 

Marlboro — George Jackson and Calvin Stubbs. 

Newberry — B. Odell Duncan, James Henderson and Lee Nance. 

Orangeburg — E. J. Cain, W. J. McKinlay, E. W. M. Mackey, T. K. 
Sasportas and Benj. F. Randolph. 

Pickens — ^Alexander Bryce, L. B. Johnson and M. Mauldin. 

Richland — ^Wm. B. Nash, Samuel B. Thompson, Thomas J. Robert- 
son and Charles M. Wilder. 

Sumter — ^T. J, Coghlan, Samuel Lee, W, E. Johnston and F. J. 
Moses, Jr. ^ 

Spartanburg — ^J. P. F. Camp, John S. Gentry, H. H. Foster and 
C. Wingo. 

Union — Abram Dogan, James H. Goss and Samuel Nuckles. 

Williamsburg — ^William Darrington, C. M. Olsen and S. A. Swails. 

York— John W. Mead, W. E. Rose, J. L. Neagle and J. H. White. 

C. J. STOLBRAND, Secretary. 



INDEX TO THE CONSTITUTION. 



i 

* 



ARTICLES. 

PAGE. 

Article I — Declaration of Rights 3 

II — ^Legislative Department 7 

III — Executive Department 11 

IV — Judicial Department 14 

V — Jurisprudence 18 

VI — ^Eminent Domain 18 

VII — ^Impeachments 19 

VIII— Right of Suffrage 19 

IX — Finance and Taxation 20 

X— Education 22 

XI — Charitable and Penal Institutions 24 

XII — Corporations .,..,% 24 

XIII— Militia 25 

XIV — Miscellaneous 25 

XV — Amendment and Revision of the Constitution 26 

GENERAL INDEX. 

A. 

SECTION. PAGE. 

Absence, temporary, no forfeiture of residence 35 6 

Accused persons, rights of in criminal prosecutions 13 4 

Acts, shall relate to but one subject 20 9 

right of members of General Assembly to protest 

against 26 10 

Adjutant and Inspector General, to be chosen by electors 3 25 

rank as Brigadier-Gen- 
eral 3 25 

Agricultural College, to be established 9 23 

lands for support of. 9 23 

to be a branch of State University 9 23 

Allegiance, paramount 4 3 

Amendment of Constitution, how made 1 26 

Appropriation, money to be dravrnfrom Treasury only by 22 9 

Arbitration, laws to be passed providing for 1 18 

Army, standing, not to be maintained in time of peace 28 5 



2 INDEX TO CONSTITUTION. 

SECTION. PAGE. 

Arms, right of citizens to carry, in self-defence 28 5 

no one compelled to bear, who scruples 30 6 

Arrest, imprisonment, &c., conditioned 14 4 

warrant of, must designate person 22 5 

Assembly, right of, by people . 6 3 

Assessment of teal estate, to be every fifth year 6 21 

Atto^ey-General, elected by the people 28 17 

duties, term of office, &c 28 ' 17 

B. 

Bail, right of. 16 4 

Banks, charters may be granted to on conditions 6 25 

stockholders liable for notes, stock &c 6 25 

officers of, cannot borrow money from . . . . ^ 6 25 

books and accounts open to inspection 6 25 

Bill of attainder, shall never be enacted 21 5 

Bills, what required in order to become laws 21 9 

Bonds, debts contracted by the State to be by loan on... 14 22 

amounts of not less than fifty dollars each 14 22 

to be payable within twenty years 14 22 

registry of. Treasurer shall keep a 14 22 

c. 

Census, to be taken e^ery ten years 4 7 

Charitable Institutions, to be fostered by the State 1 24 

Charleston, County of, allowed two Senators 8 8 

Circuits, State shall be divided into 13 15 

Solicitor for each to be elected by the people... 29 17 

Cities and towns shall be incorporated 9 21 

Civil authority to govern military power 28 6 

Claims against the State, adj ustment of 4 25 

Commissions, how issued 19 13 

Comptroller-General, elected by the people 23 14 

Constitution, certificate of adoption of. 2 

persons exempted from provisions of. 11 20 

how amended 1 26 

ratification of. 1 26 

amendments to, two or more to be voted on 

singly 2 26 

Convention to amend, how called 3 26 

of whom to consist 3 26 

Conscience, freedom of 9 4 

Conscientious scruples, persons having not compelled to 

bear arms.. 30 6 

Constables, to be chosen by the people in each County... 21 16 

shall reside in locality where elected 21 16 

compensation of, to be fixed by law 25 17 

Contracts, obligation of, not to be impaired by law 21 5 

for th6 purchase of slaves, dejlared void 34 17 



INDEX TO CONSTITUTIOIf. 



Conviction, shall not work corruption of blood.... « 

Coroner, shall be elected by electors of each County... 

residence and term of office of..... 

disqualification of. 

Corporations, Article XII.... 

may be formed under general laws 

shall be subject to taxation v. 

right of way for use of, to be paid for 

compensation for, how fixed.. 

dues from, shall be secured 

responsibility of stockholders of.. 

Corruption of blood, conviction shall not work 

Counties, General Assembly shall have power to or- 
ganize new 

new, size of prescribed 

entitled to at least one Representative each 

County, each to constitute one Election District 

County Commissioners, to be elected by the people 

jurisdiction of, over roadsy* &c.... 

term of office 

compensation of...... 

Court, Supreme, vested with judicial power 

jurisdiction of ...** 

Justices of. 

may preside when the Gov- 
ernor is impeached?. 

compensation of. 

term of office of. 

disqualification of. 

eligibility of. 

shall be conservators of the 

peace 

concurrence of two necessary 

to a decision 

sessions of, time and place of. 

vacancies in, how filled 

decisions of, publication of, to be pro- 
vided for by law 

judgments and decrees of. 

Clerk and Reporter of* 

. Circuit, Judges of to be elected by General As- 
sembly 

shall reside in respective Circuits 

interchange Circuits 

of Common Pleas, jurisdiction of. 

» in matters of Equity 

cases of divorce.. 

ex delicto..., 

may issue writs of mandamtis, 

scire facia9y &c 15 15 



SECTION. 


PAGE. 


21 


5 


30 


17 


30 


17 


30 


17 




24 


1 


24 


2 


24 


3 


24 


3 


24 


4 


24 


5 


24 


21 


5 


3 


7 


3 


■ 7 


6 


8 


3 


7 


19 


16 


19 


16 


19 


16 


25 


17 


1 


14 


4 


14 


2 


14 


2 


19 


9 


15 


3 


14 


6 


14 


10 


15 


11 


15 


32 


17 


6 


14 


11 


15 


32 


17 


8 


15 


7 


15 


13 


14 


13 


15 


14 


15 


15 


15 


16 


16 


15 


16 


15 


15 



INDEX TO CONSTITUTION. 



SECTION. PAG^ 



C ourt of Common Pleas, to be held twice in each Dis- 
trict in each year 16 

Clerk of, to be elected in each 

County 27 

shall be Clerk of other. 

Courts of Kecord. 27 

attest all writs.... 31 

of Equity, expires January 1st, 1869 16 

of General Sessions, jurisdiction of. 18 

shall sit in each County three 

times in each year 18 

Probate, shall be in each County 20 

jurisdiction of 20 

Judge of, may perform duties of Clerk... 27 

to be elected by the people 20 

Courts, rules, practice, pleadings and forms, snail be 

simplified and abridged 3 

removal of causes to 9 

publicity of ...*. 15 

having judicial power 1 

Criminal pr/»secutions, rights of accused in 13 

D. 

Deaf and dumb, institutions for, to be fostered by the 

State , 1 

Debt, public. State may contract 7 

contracted by State to be by loan on bonds 14 

no person shall be imprisoned for, except in case of 

fraud 20 

rebel, shall never be paid 16 

Declaration of Bights, Article I 

Destitute persons. Counties shall provide for 5 

Distinction, on account of race or color, prohibited 39 

Districts, titles of, changed to Counties 3 

Divorce, not to be allowed but by judgment of Court... 5 

Duelling, punishment for 32 

E. 

Education, Article X 

supervision of, vested in State Superintendent. 1 

State Superintendent of, elected dv the people. 1 

powers, duties, &c.... 1 

Board of, how composed 2 

of deaf, dumb and blind 7 

Elected, who shall be declared T 10 

Elections, freedom of. 31 

by the people, to be by ballot.... 1 

of State officers, time of. 1-0 

of Gx)vernor, returns of. 4 

each House shall judge of, of its members 14 



15 

17 

17 
17 
15 
16 

16 
16 
16 
17 
16 



18 
26 

4 
14 

4 



24 
21 
22 

5 
22 

3 
24 

6 

7 
25 

6 



22 
22 
22 
22 
22 
23 
20 

6 
19 
26 
12 

9 



SECTION. 


PAGE. 


1 


25 


1 


26 


7 


20 


6 


20 


9 


20 


2 


19 


3 


20 


4 


20 


5 


20 


15 


22 


4 


7 


16 


15 


16 


15 


21 


5 


2 


18 




11 


14 


13 


14 


4 



ft 

INDEX TO CONSTITUTION. 



Elector, no person to hold office, but an 

Electors, amendments to Constitution to be submitted to. 

eligibility of, to office 

privileged from arrest, except for treason, fel- 

\ ony, &c -. 

Presidential, to be elected by the people 

qualification of 

registration of, to be provided for by General- 

ral Assembly •. 

residence of, not lost by temporary absence 

United Stato soldiers or sa>rs not 

Embezzlement, of public funds, punishable 

Enumeration of inhabitants, every tenth year 

Equity, Court of Common Pleas shall have jurisdiction in. 

shall continue until January 1st, 1869.. 

Estate, forfeiture of, no conviction shall work 

Escheated lands, titles to shall vest in the State 

Executive Department, Article III 

officers in, to give information to 

Governor , 

Ex post /octo laws, prohibited 

F. 

Felony, electors not privileged from arrest for 6 20 

offences less than, to be tried by Justices of 

the Peace 19 5 

Finance and Taxation, Article IX 20 

Fines, excessive shall not be imposed 38 6 

Fiscal year, to commence on first day of November 13 21 

Funds, public. General Assembly to provide for safe- 
keeping of. 15 22 

accurate accounts to be kept of receipts 

and payments 15 22 

embezzlement of, to be felony 15 20 

. G. 

General Assembly, Senate and House of Representatives 

shall constitute 

shall respect the right of trial by jury, 
pass laws to protect reli g i o u s 

worship 

secure homesteads . . . 

allow arbitrators de- 

' cide differences 

change the venue... 

ratify 14th, Article amendment 

to Constitution of U. S 

assign representatives 



1 

14 


7 
4 


10 
32 


4 
11 


1 
2 


18 
18 


33 
4 


17 

7 



6 INDBX TO CONSTITUTION. 

SECTION. PAGE. 

General Assembly shall provide for organizatton of mi- 
litia 1 25 

preservation of re- / 

cords of Court 

of Equity 17 16 

codification of laws. 3 18 

publication of laws 
, of Supreme 

Court 32 17 

safe-keeping of pub- 
lic funds 14 22 

the division of the 
State into 
School Dis- 
tricts 3 22 

a system of Free 

Schools 3 22 

doors of shall be open 27 10 

power of, to suspend laws 24* 5 

Governor to change place of 

meeting of........ 12 8 

ought meet frequently to redress griev- 
ances 27 5 

time and pTace of meeting 12 8 

action of, on vetoed Acts and Resolu- 
tions 22 13 

neither House of, can adjourn without 

consent of the other 25 10 

election by, to be viva voce 24 9 

may subject persons to martial law.. 25 5 

vacancies in, how filled 29 10 

Governor may remove officers at re- 
quest of two thirds of members.. 4 19 
Governor may convene and adjourn.. 16 13 

members of, eligibility of. 10 8 

term of office of, begins 13 8 

free from arrest during 

attendance on 17 9 

may protest against Acts 

or Resolutions 26 10 

pay of 23 9 

votes of, to be entered on 

Journals 24 10 

ineligibility of. 28 10 

when chosen Governor to 

vacate seat 8 12 

each House, Journals of. 26 ^ 10 

may judge of election of 

members 14 8 

compel attendance 
of absent mem- 
bers. ...^ 14 8 



INDEX TO CONSTITUTION. 7 

SECTION. PAGi:. 

General Assembly, each House may choose its own offi- 
cers 15 9 

determine rules of 

proceeding 15 9 

punishitsown mem- 
bers 15 9 

other persons 16 9 

Government, departments of distinct 26 5 

powers ofdistributed into three departments 26 5 

Governor, supreme executive authority vested in 1 11 

how elected, and when installed....^ 2 11 

eligibilitvof... 3 11 

contested elections for, shall be determined by 

General Assembly 4 12 

compensation of 13 13 

duty of, in relation to enumeration 5 7 

may convene and adjourn General Assembly.. 16 ' 13 

commission persons to act as Judges 6 14 

remove officers 4 19 

power of, to grant reprieves and pardons. ...... 11 12 

to approve or disapprove Acts and 

Resolutions 22 13 

return of flection of, how and to whom delivered 4 12 

residence of 21 13 

shall not hold any other office 3 11 

be Commander-in-Chief of militia. , 10 12 

liable to impeachment 3 19 

appoint staff officers 3 25 

Directors of benevolent institu- 
tions • 3 24 

Physician and officers of Lunatic 

Asvlum 6 24 

commission officers of the State 17 . 13 

give information to General Assem- 
bly 15 13 

have power to order out Militia 2 25 

take care the laws are executed 12 13 

oath of office 20 13 

report reprieve and pardons to General 

Assembly 11 13 

vacancy in office of, how filled 9 12 

when impeached, who may preside 2 19 

H. 

» 

Habeas Corpus^ suspended only in rebellion or invasion 17 4 

Homestead, exempt from sale for debt 20 5 

attachment, &c 32 11 

not exempt from obligations provided by 

Constitution 20 5 

9 



S INDEX TO CONSTITUTION. 



I. 



SECTION. 


PAGE. 


- 1 


19 


3. 


19 




19 


1 


19 


1 


19 


2 


19 


3 


19 


3 


19 


20 


5 


31 


17 


5 


24 


4 


7 


5 


7 


7 


23 


7 


23 


1 


24 


3 


24 


4 


24 



Impeached, officers, suspended until judgment be pro- 
nounced 

persons, liable to punishment by law 

Impeachments, Article VII 

House of Representatives shall have sole 

power of. 

two-thirds vote 

required... 

shall be tried by the Senate, under oath 

all executive and judicial officers liable to 

judgment on, to extend only to removal 

from office 

Imprisonment, for debt, only in case of fraud 

Indictments, to conclude against the peace and dignity of 

the State 

Infirm, Counties shall provide for the 

Inhabitants, enumeration of. 

duties of Governor inregardto 
Institutions, for deaf, dumb and blind, supported by the 

State 4 i 

other benevolent, shall be supported by State 

charitable, to be fostered by the State 

Directors of, to be appointed by Governor.. • 

vacancies, how filled 

J. 

Journal, to be kept by each House of General Assembly 26 10 
Judges, shall not charge juries in respect to matters 

of fact 26 17 

may state testimony, and declare law 26 17 

of Circuit Court, shall be elected by General As- 
sembly 13 15 

term of office of. 13 15 

shall file decisions, when 17 16 

Probate Court, shall beelected by the people 20 16 

term of office of. 20 16 

compensation 25 17 

jurisdiction of. 20 16 

Judicial Department, Article IV 14 

power vested in Courts 1 14 

Jurisprudence, Article V 18 

Jury, trial by, shall remain inviolate 11 4 

grand, dispensed with in certain cases 19 5 

Justices of the Peace, jurisdiction of. 19 5 

shall be chosen by qualified electors 21 16 

reside in locality where chosen 21 16 

term of office of. 21 16 



•# • 



INDEX TO CONSTITUTION. 9 



Justices of the Peace, jurisdiction of. 

may sit as examining Courts .. 

power of, to issue processes 

actions to be brought, where defend- 
ant resides 

right of appeal from decisions of... 

compensation and fees of. 

Justices of the Supreme Court, two of, a quorum 

election of. 

shall file decisions, when., 
term of office of. 



o 



L. 

Lauds, title to escheated, shall vest in the State 

which fail, to revert to the people 

all, in the State, people have ultimate property in 

assessment of, every fifth year. 

Laws, style of all 

codification of. General Assembly shall provide for 

shall be made every tenth year.. 

ex post facto, 'prohihited 

suspension of. 

martial 

Legislative Department, Article II 

power vested in Senate and House of Repre- 
sentatives 

Libel, trials for 

Library, State, subject to regulations of General Assem- 
bly 

Lieutenant-Governor, qualifications and how chosen 

vote of, in the Senate 

in the absence of, Senate may 

choose President pro tern 

compensation of. 

Lotteries, are prohibited 

Lotterjr tickets, sale of prohibited 

Lunatic Asylum, Governor to appoint physician of. 

other officers 

M. 

Martial law, persons subject to 

Mandamus, Court of Common Pleas may issue writs of 

Supreme Court may issue writs of. 

Majority, of each House, to constitute quorum 

Matrimony, divorce from bonds of, to be bj a Court 

Men, equality of all 

Military power, ought to be governed by civil authority 



SECTION. 


FAGE. 


22 


16 


23 


16 


23 


16 


24 


16 


.24 


16 


25 


17 


2 


14 


2 


14 


17 


16 


3 


14 


2 


18 


3 


18 


3 


18 


6 


21 


19 


9 


3 


18 


3 


18 


14 


4 


24 


5 


25 


5 




7 


1 


7 


8 


4 


3 


25 


5 


12 


6 


12 


7 


12 


13 


13 


2 


25 


2 


25 


6 


24 


6 


24 


25 


5 


15 


15 


14 


14 


14 


8 


6 


25 


1 


3 


28 


6 



10 INDEX TO CONSTITUTION* 



Militia, Article XIII ..^ 

Governor shall be Commander-in-Chief of. 

have powerto call out 

may appoint staff officers 

' Adjutant and Inspector-General of. 

General Assembly, to provide for organization of 

to consist of all able-bodied citizens. 

persons adverse to bearing arms exempt from 

service in. 

Miscellaneous, Article XIV *... 

Money, to be drawn from Treasury only by appropria- 
tion 

public, statement of, to be published with laws... 

N. 

Navigable waters, freedom of. 

Nobility, titles of, shall not be granted 

0. 

Oath of office, all officers shall take 

Oconee, County of, created 

Offence, no person triable twice for the same 

less than felony shall be tried by Justices of the 

Peace ■» 

Office, shall not be held for longer than good behavior... 

eligibility of electors to 

none but an elector shall be elected or appointed 

to 

persons who deny the existence of the Supreme 

Being cannot hold 

Officers, shall be removed for incapacity 

impeached, suspended until judgment be pro- 
nounced 

who liable to impeachment 

to be removed, shall have a hearing in self-de- 
fence 

handling public funds to keep accounts of re- 
ceipts and payments 

to give security for performance of duties 

of State, time of election of. 

shall enter upon duties of office, when 

p. 

Pardons, power of Governor to grant 

Penitentiary, Directors of, elected or appointed 

People, declared to have ultifbate property in all lands of 

the State 

lands without heirs shall revert to 



SECTIOH. 


FAGE. 




26 


10 


12 


2 


25 


3 


25 


3 


25 


1 


25 


1 


25 


1 


25 




25 


12 


21 


11 


21 


40 


6 


39 


6 


30 


10 


3 


7 


18 


4 


19 


5 


32 


6 


7 


20 


1 


25 


6 


26 


31 


11 


1 


19 


3 


19 


4 


19 


15 


22 


15 


22 


10 


26 


2 


11 


11 


12 


2 


24 


3 


18 


3 


18 



INDEX TO CONSTITUTION. 



11 



People, right of the, to bear arms 

Persons, injured, shall have remedy by law 

Petition and discudsion, right of the people to 

Pickens, County of, divided 

Political power, vested in the people 

Poll tax, not to exceed one dollar, application of. 

of one dollar for educational purposes 

but one, shall ever be levied 

President of the Senate, Lieutenant-Governor to be 

may be chosen by the Senate.. • 

Printing, public, to be by contract 

Privileges, all persons to enjoy equal 

no person shall be deprived of, except by law. 

Processes, powers of Justices of the Peace to issue 

to be in the name of the State of South Caro- 
lina 

Property, private, not to be taken without compensation. 

qualification, not necessary 

assessment^^and taxation of. 

value of to be ascertained by assessment for 

taxation 

annual tax on, for support of Schools 

woman's, not liable for debts of husband 

Prosecutions, to be conducted in name of the State 

Protest, right of the members of General Asisembly to.... 

Public debts. State may contract 

annual tax to pay interest on 

when scrip may oe issued for 

money, statement of, to be published with laws... 

Punishment, conditioned 

cruel, shall not be inflicted 

Q. 

Quorum, majority of each House to constitute 

Quo warranto, writs of may be issued by Supreme Court. 

R. 

> 

Rebel debt, shall never be paid.*. * 

Registration, of electors shall be provided for...v ... 

Religion, no form of, shall be established by law 

Religious worship. General Assembly shall pass laws to 

protect 

sects, not entitled to school funds 

Representation, apportionment of. 

Representatives, time of election of. * 

assignment of. 

apportionment of. 

to take eflect 



SECTION. : 


PAGE 


28 


5 


15 


4 


6 


3 


3 


7 


3 


3 


2 


20 


5 


23 


6 


23 


5 


12 


7 


12 


7 


26 


39 


6 


34 


6 


23 


16 


31 


17 


23 


5 


32 


6 


1 


20 


33 


11 


5 


-23 


8 


26 


31 


17 


26 


10 


7 


21 


7 


21 


10 


21 


11 


21 


14 


4 


38 


6 


14 


8 


4 


14 


16 


22 


3 


20 


10 


4 


10 


4 


6 


23 


34 


6 


* 11 


8 


4 


7 


4 


7 


7 


8 



12 INDEX TO CONSTITUTION. 

*^ SECTION. PAGE. 

Representatives, assignment of. 6 8 

House of, of whom composed 2 7 

bills for raising revenue to on- 

ginate in 18 9 

shall have sole power of im- 

impeachments 1 19 

Reprieves and pardons, power of Governor to grant 11 12 

Resolutions, shall relate to but one subject 20 9 

Residence, temporary absence shall not forfeit 35 6 

Revenue, bills for raising, shall originate in the House... 18 9 

Rights, declaration of. Article 1 3 

personal 12 4 ' 

of accused persons 13 4 

reserved bv the people 41 6 

Rivers, delared forever free to citizens 1 18 

Scire facias, Circuit Courts may issue writs of ..... ^ 15 15 

School, State Normal, shall be provided 6 23 

open to persons who wish to be 

teachers 6 23 

Reform, for juvenile offenders 8 23 

fund, how constituted 11 23 

free public. General Assembly shall provide for.. 3 22 
sectarian principles shall not be 

taught in 5 23 

to be kept open at least six months 

each year 3 22 

open to all children 10 23 

children must attend some 4 22 

Districts, State to be dividedinto 3 22 

Commissioners, one to be elected in each County.. 2 22 

to constitute Board of Education. 2 22 

tax, shall be levied annually 5 22 

distributed according to number of 

pupils 5 23 

Seal, great, of the State 18 13 

Search, right of 22 5 

Secretary of State, to be elected by the people 23 14 

term of office, duties and compensa- 
tion of. 23 14 

Seizures, unreasonable, prohibited 22 5 

Senate, of whom composed 8 8 

shall try all impeachments under oath 2 19 

members of, how and for what term elected 8 8 

Senators shall be divided into two classes 9 8 

when seats of shall be vacated 9 8 

time of election of 11 8 

two-thirds vote of all, necessary to impeach 2 19 • 

Charleston County allowed two 8 8 



INDEX TO CONSTITUTION. 13 

SECTION. PAGE. 

Sheriff, qualified electors of each (bounty to elect a 30 17 

shall reside in County for whicn elected 30 17 

disqualifiation of. 30 17 

Slaves, contracts for purchase of declared void 34 17 

Slavery, prohibited , 2 3 

Soldiers, quartering of. 29 6 

Solicitor, there shall be one for each Circuit 29 17 

election of, term of office, and compensation.... 29 17 

Court may appoint substitute in absence of. 29 17 

Speech, liberty of 7 " 3 

Staff officers, 6ovemor may appoint 3 25 

State Government, departments of, distinct 26 5 

shall remain a member of the American Union... 5 3 
claims against, Greneral Assembly to direct man- 
ner of adjusting 4 25 

Library, subject to regulations of General Assem- 
bly.. 2 25 

. officers, time of election of. >. 10 26 

Statutes, to be digested every tenth year 3 18 

Stockholders, responsibility of, to be fixed by law. 5 24 

misrepresentations by, punishable 5 24 

Suffrage, the right of, shall be protected 33 6 

Article VIII 19 

people not to be deprived of, except for crime.. 8 20 

for non-payment 

of poll tax.... 5 23 
for crime commit- 
ted while a 

slave 12 20 

Supreme Being, no person who denies the existence of, 

can hold office 6 26 

T. 

Tax, annual, General Assembly shall provide for 3 20 

to pay interest on public debt 7 21 

must be levied in pursuance of law 4 21 

power of Cities, Counties, Towtis, &c., to collect 8 21 

shall not be levied without consent of people 37 6 

poll, amount and purpose of. 2 20 

but one, shall ever be levied 5 23 

'for educational purposes 5 23 

school, to be levied annually. 5 23 

how collected 5 23 

shall be paid into Treasury 5 23. 

Taxation and Finance, Article IX 20 

Taxation, of property 36 6 

corporations subject to 4 24 

^axes, shall be laid upon actual value of property 33 11 

Term of office^ not to be longer than for good behavior 32 6 



14 



INDEX TO CONSTITUTION. 



Term of oflSice of Attorney-General 

' Comptroller-Greneral 

Clerk and Reporter of Supreme Court 
Clerk of Court of Comnjon Pleas..... 

Coroners 

Constables 

County Commissioners 

Term of office of Circuit Judges 

Governor 

• Judge of Probate 

Justices of Supreme Court 

the Peace 

Lieutenant-Governor 

Eepresentatives 

Secretary of State 

Senators ^ 

Sherifis 

Solicitors 

Treasurer 

Titles of nobility shall not be granted 

Tolls and imposts by corporations shall be Umited 

Treasurer shall keep a registry ef State Bonds 

be dected by qualified voters 

Treasury, money must be drawn from, in pursuance of 

appropriation 

Treasury, money must be drawn from, in pursuance of 

appropriation ......% 

Treasury, statement of receipts and expenditures to be 

published annually 

Trial, by jury, declared inviolate 

Union, this State shall ever remain a member of the 

dissolution ofthe, shall be resisted • 

United States, persons exempt by laws ofthe, from Militiia 

service 

University, State, to be provided for '.... 

Agricultural College to be branch of 

the 9 

V. 

Vacancy, in off ce of Governor, how filled 9 

General Assembly, how filled '29 

Directorships, how filled 4 

Supreme Court, how filled 11 

Venue, General Assembly shall make laws for the 

change of. 2 



SECTION. 


PAGE, 


28 


17 


23 


14 


7 


15 


27 


17 


30 


17 


21 


16 


19 


16 


13 


15 


^ 


11 


20 


16 


2 


14 


21 


16 


6 


12 


13 


8 


23 


14 


13 


8 


30 


17 


29 


17 


23 


14 


39 


6 


5 


24 


14 


22 


23 


14 


22 


9 


12 


21 


22 


9 


11 


4 


5 


3 


5 


3 


1 


25 


9 


23 



23 



12 
12 
24 

15 

18 



INDEX TO CONSTITUTION. 15 



W. 



Warrants for arrest must be issued with formalities of law 

Waters, navigable, freedom of. 

declared for ever free - 

Way, right of. •••• 

for use of corporations must be paid for 

Witnesses, shallnot be unreasonably detaineof. 

Woman's property, not liable for debts of husband 

Writs, and processes, to be in nam^^^ of the State of South 

Carolina • 

Writs, to be attested by Clerk of CjW which issues 



SECTION. 


FAQE. 


22 


5 


40 


6 


1 


18 


23 


5 


3 


24 


38 


6 


8 


26 


31 


17 


31 


17 



\ 



LIST OF ORDINANCES. 



PAGE. 

An Ordinance to levy a special tax to defray the expenses of this 

Convention, ana preserve the credit of the State 27 

An Ordinance to divide Pickens District into two Election and 

Judicial Districts 28 

An Ordinance declaring null and void all contracts a,nd judgments 
and decrees heretofore made and entered up, where the con- 
sideration was for the purchase of slaves... ^ 30 

An Ordinance defining the pay and mileage of the members and 

officers of the Convention ,30 

An Ordinance to provide for the ratification of the Constitution, 

and for the election of certain officers 31 

An Ordinance to divide the State into four Congressional Districts, 32 

An Ordinance requiring the Gteneral Assembly to appoint Com- 
missioners to investigate and ascertain what obligations of the 
State are entitled to be held as valid and binding upon the 
State 33 

Au Ordinance to create a Board of Land Commissioners 33 

8 



16 INDEX TO OBDINANCES. 

FAGB. 

An Ordinance to amend an Ordinance entitled "An Ordinance to 
provide for the ratification of the Constitution and Ordinances, 
and for the election of certain officers" 35 

An Ordinance to repeal all Acts of legislation passed since the 
twentieth day of December, 1860, which pledge the faith and, 
credit of the State for the benefit of any corporate body 35 

An Ordinance instructing the General Assembly to provide for 

appropriating the Citadel for edupitional purposes »•• 36 

An Ordinance to provide for the orgai ization of the Gteneral As- 
sembly at its first session, and lor the inauguration of the 
Governor and Lieutenant-(jovemor 36 

An Ordinance to elect five Commissioners to inquire into the lia- 
bilities of the State. 37 



INDEX TO ORDINANCES. 



A, 

SECTION. PAGE. 

Acts pledging the credit of the State to individuals and 

corporations suspended 35 

Adjutant and Inspector-General, election for.... 1 31 

Attorney-General, election for 1 - 31 

B. 

Bills Receivable, pledges for redemption of. 3 27 

Bonds, State, pledges for payment of. 3 27 



c. 



• 



Citadel, to be appropriated for educational purposes 36 

Collectors, Tax, liability of, for failing to collect Conven- 
tion tax 1 27 

Commissioners, on Election, appointed 4 31 

* powers and duties of. 4 31 

pay of. 8 32 

to report to General Assembly 10 32 

to inquire into liabilities of the State 1 37 



INDEX TO ORDINANCES. 17 

SECTION. PAGE. 

Commissioners, powers of. 2 37 

may be regulated by General 

Assembly 6 38 

officers and others, to report to 3 37 

election and compensation of. 4 38 

appropriation for expenses of. 5 38 

of Public Lands, to be appointed 1 33 

ComptroUer-Gteneral, election for 1 31 

Congress, members of, election for 1 31 

Congressiontil Districts, State divided into four 1 32 

each entitled to one member... .. 2 32 

Constitution, election for, provided for 1 31 

manner of voting for 3 31 

Ordinance for ratification of, amended 35 

Convention, tax levied for expenses of 1 27 

Corporations, pledges of the State for, suspended 35 

County officers, election for ?, 7 32 

E. 

Education, Superintendent of, election for 1 31 

G. 

General Assembly, members of, election for 1 31 

instructed to appropriate the Citadel 

for educational purposes 36 

organization of, provided for 36 

to elect presiding officers 2 36 

to provide for future organization.... 4 37 

Governor, election for 1 31 

^ inauguration of. 3 37 

Lieutenant, election for 1 31 

J. 

Justices of Supreme Court, to administer oath to Gov- 
ernor 4 37 

L. 

Lands, Commissioners of, to be appointed 1 33 

duties of 2 34 

Amds in hands of. 6 34 

to issue stock 3 34 

pledged for payment of stock 5 34 

Liabilities of the State, Commission to investigate 37 



16 IKnEX TD QEinKANCfflE. 



Memberr of C<mventiQi:. pay anc ixiiiQag<e of. 

Coiip%&. a; lar^ 

OIK ti> eadi Dismci 

MU^ag^ of members mic ofiii:exE^ of OonveDuain^^...., 
miiiarv ComniaTifieg uiasui- (Jidsaa^ cai Tiriuii i . .,.,«. 

0. 

OcoiHse. bonndarv of. dflHtgngtto ——.••—•.••..••». 

CommiBBi^iuerE u lacoKe Com: Home TTown.^. 

diiiififc' ol'. 

Obligotioiff of iikt Btote, Cammiauaii xct Trrvrntigmi ■ 

uoi XI' be paid mxul lodiditjr 



tiJBrr'Kiic 


FACE. 


1 


30 


if 


38 


2 


32 


2 


30 


4 


28 


• 




1 


28 


3 


29 


4 


29 




33 




33 


1 


30 



»>*..<in»imin» 



Officers of ConvmrnoL. pccy and mika^ of. 
Ordinanoe t(> prcrricte for ZBxi£caziaii of 

BiDfindfid. ^ ^— . 35 

p. 

FickeDE. divided imo xwr lliectiazi DsaiciE... ^ •... 1 28 

boundary of deBixmaifid. .^....^ 1 28 

CommifisiQnerF X(» jocoie Goun Hoioe fl^ipoixaBd 3 29 

dntiff of- ^ 4 29 

Pledge for redemptiaii of Billf Eaeehnbk,, — — S 27 

pBTioein of bands^ and mocks of the ^ryr^ — 3 27 

Prefiidem of Con vennoii, power 10 diav mmier ^, 8 32 



fm ■«•« 



Sheriff, liabilirv o£ for JkriTni: to coHeRi OanTemdan 
Slaves, contracs^ far pnrchase of, declHred void^^— ^ 

suit? for paymem ol prohibiied-.-.-^ 
orders on TaHdiry ol declared Toid^ 

State offic^TR, olecrnon for — •^•.•^ 

Becretarv of, eleraon for^ 

Commissi opeK lo invesriirate oLligaxioTis of. ..^ 

T. 

Tax, to pay expense? of OcmveminiL — 

liability of CollecaoT? for ikiltnrr to ooHect. — .•.^.. 

exoes? of, how disposed of. — • 

deficiency in, t<» l»e provided for....,...— —.•••«»..•.»•« 

Treasurer, State, election for. • — •. 

shall receive ConveBition tax ,....«... 

apmv'tpnation to re^tcnd for 
Treaaarv. Mllitarv Commands to isoie ardeas on 



1 


27. 


1 


3(f 


2 


30 


3 


30 


1 


31 


1 


31 




33 


1 


27 


1 


27 


5 


28 


5 


28 


1 


31 


1 


■ 27 


2 


26 


4 


28 



ACTS 



OF THE 



GENERAL ASSEMBLY 



OF THE 



STATE OE SOUTH CAEOLMA, 



PASSED AT THE 



SPECIAL SESSION OP 1868. 



LIST OF ACTS. 

TF PAGE 

An Act accepting the benefits of an Act donating public lands to 
the several States and Territories which may provide colleges for 

the benefit of agriculture and the mechanic arts 1 

An Act to authorize and empower the Governor to efiect a loan in 

behalf of the State of 6125,000 2 

An Act to incorporate the Langley Manufacturing Company of 

Edgefield County *... 2 

An Act to incorporate the Cheraw Hook and Ladder Comj)any as a 

part of the Fire Department of the town of Cheraw 3 

An Act regulating the tenures of certain offices and appointments 

thereto, and for other purposes 4 

An Act to organize the Circuit Courts '. 5 

An Act to provide a Private Secretary for the Grovemor of the State. 11 
An Act to make appropriations for the payment of the expenses of 
the present session of the Legislature, and to meet certain de- 
ficiencies in the appropriation of the fiscal year commencing on 
the first day of October, 1867, made by General Orders No. 139, 

dated at Charleston, December 3, 1867 11 

An Act to regulate appeals and writs of error to the Supreme Court. 12 
An Act to provide for the recording of certificates of sale issued to 
purchasers of lands sol& under direction and authority of the 
united States Direct Tax Commissioners in Beaufort County, 

South Carolina 14 

An Act to establish a State Police 14 

An Act to regulate the manner of keeping and disbursing ftinds by 

certain officers 15 

An Act to authorize a loan to redeem the obligations known as Bills 

Receivable of the State of South Carolina 17 

An Act to authorize a State loan to pay interest on the public debt. 18 
An Act to fix the amount of" the official bond of certain County 

officers ' 19 

An Act to determine and perpetuate the homestead 19 

An Act to close the operations of the Bank of the State of South Caro- 
lina .. 21 

An Act to'provide for the temporary organization of the Educational 

Department of the State 22 

An Act to remove the County seat of Beaufort County from Gillison- 

ville to thetown of Beaufort 24 

An Act to authorize additional aid to the Blue Kidge Railroad Com- 
pany in South Carolina 25 



2 LIST OP ACTS. 

PAGE 

An Act to punish persons who may attempt to hold office by 
authority of the late Provisional Government 26 

An Act providing for the assessment and taxation of property..! 27 

An Act to incorporate the Wando Mining and Manumcturing Com- 
pany 67 

An Act to provide transportation for convicts discharged from the 

State Penitentiary 69 

An Act to extend the time for officers to qualify 69 

An Act to enable the Chatham Kailroad Company to extend their 

road to Columbia.... 70 

An Act to amend an Act entitled " An Act to authorize a loan to 
redeem the obligations known as Bills Keceivable of the State of 
South Carolina.^' 72 

An Act to alter and amend an Act entitled " An Act to organize 

Circuit Courts." 72 

An Act to organize the Supreme Court 73 

An Act to extend the charter of Kinsler's Ferry 74 

An Act* for the preservation of the State Capitol 76 

An Act to amend an Act entitled " An Act to incorporate the Air 
Line Railroad Company in South Carolina" 75 

An Act to define the jurisdiction and to regulate the practice of Pro- 
bate Courts 76 

An Act to amend the charter of the Cheraw and Coalfields Railroad 

Company..... 80 

An Act to establish the Counties of Pickens and Oconee as Judicial 

Districts, and for other purposes 81 

An Act to authorize a lease of the State Road running from the 
County of Greenville, in the State of South Carolina, across the 
Saluda Mountain, to the County of Henderson, in the State of. 
North Carolina 82 

An Act to authorize the sale of the Columbia? Canal 83 

An Act to empower Circuit Judges to change the venue for the trial 

of actions, civil and criminal 84 

An Act to provide for the accommodation of the General Assembly, 

the Executive and the Judiciary 85 

An Act to suppress insurrection and rebellion 85 

An Act to quiet rights vested under military orders 87 

An Act to fix the salary and define the duties of the Attorney-General 

of the State 88 

An Act to declare the manner by which the lands, or the right of 
way over the lands, of persons or corporations may be taken for 
the construction and uses of railways and other works of inter- 
nal improvement 89 

An Act to provide for the government of the South Carolina Peniten- 
tiary ^ • 92 

An Act to repeal an Act entitled " An Act to prohibit the digging of 
cellars, in future, within the limits of towns on the seaboard ... 96 

An Act to regulate the admission of persons to practice as attorneys, 

solicitors and counsellors in the Courts of the State 96 

An Act to repeal the charter of the town of Hamburg. 97 



jrft 



LIST OF ACTS. 3 

PAGE 

An Act to determine the manner of disposing of lands purchased by 
theState for taxes 98 

An Act to make additional appropriations for the payment of the 
per diem and mileage of the members, the salaries of the sub- 
ordinate officers, and other expenses of the General Assembly, 
and for the payment of the salaries of the State officers 99 

An Act to provide for the temporary appointment of Magistrates, 

and to define their powers and duties 99 

An Act to supply temporary vacancies in the office of the Gov- 
ernor. 101 

An Act to regulate attachments -. 102 

An Act to provide for the payment of the mileage and per diem 
of the members and of the employees of the General As- 
sembly..... .- 106 

An Act to punish discrimination in the treatment of prisoners by 

Jailers and Sheriffs 107 

An Act to amend an Act entitled " An Act to provide for the in- 
spection of flour" 107 

An Act to provide for the election of the officers of the' incorpo- 
rated cities and towns in the State of South Carolina 108 

An Act to meet contingent expenses in the offices of the Comptrol- 
ler-General and Treasurer of the State 109 

An Act to license certain persons, herein named, to act as Pilots, 
and to provide the terms upon which they shall hereafter be 
licensed 110 

An Act to provide for the formation and proceedings of the Col- 
leges 01 Electors '.. Ill 

An Act to establish quarantine at Georgetown, Charleston and Hil- 
ton Head... 112 

An Act to renew the charter of the ferry across the Saluda River, 

in the County of Newberry, known as Island Ford Ferry 117 

An Act to declare the roads leading from Gervais street, in the city 
of Columbia, to Kinsler's Ferry, and from Kinsler's Ferry to 
the State !l&oad, on the western side of the Congaree River, 
public highways. 118 

Aji Act to establish a Bureau of Agricultural Statistics for the en- 
couragement of industrial enterprises, and to invite capital to 
South Carolina, for the development of the resources of the 
State 118 

An Act to regulate the manner of drawing Juries 119 

An Act to regulate arrests and bail in civil actions 124 

An Act to define the jurisdiction and duties of County Commis- 
sioners '. 128 

An Act to fix the salary and regulate the pay of certain ofl^cers 136 

Aji Act to regulate the practice of the Circuit Courts in certain cases 136 

An Act providing for the next general election and the manner 

of conducting the same 138 

An Act to authorize the Governor to leave the State under certain 

circumstances 145 

Aji Act to organize townships, and to define their powers and 
privileges 146 



4 LIST OF ACTS. 

FAGE 

JOINT RESOLUTIONS. 

• 

Joint Resolution ratifying the Fourteenth Amendment to the 

Constitution of the United States 154 

Joint Resolution for fitting up and furnishing a residence for the ^ 
Gk)vemor of the State 155 

Joint Resolution providing for drawing from Treasurer of State 
the sum of seventy thousand dollars, to pay the per diem and 
mileage of members of the Gteneral Assembly, and pay sub- 
ordinate officers \ 156 

Joint Resolution authorizing the issuing of a new warrant by the 
Comptroller-General of South Carolina to W. W. Woodward, 
late^heriff of Barnwell County, South Carolina 156 

Joint Resolution to provide for the publication of the Acts of the 

present session of the General Assembly 157 

Joint Resolution to authorize the appointment of a Commissioner to 
take charge of the property known as the State Works, in the 
town of (jreenville, in this State 157 

Joint Resolution indemnifying John G. Itgen from all fines and 

penalties 158 

Joint Resolution to inquire into the liabilities of the Bank of the 
State 158 

Joint Resolution to carry out the contract made between the late 
Constitutional Convention and Denny & Perry for printing the 
proceedings of said Convention 159 

MILITARY ORDERS. 

Military Orders affirmed and declared valid by Act No. 41, entitled 

"Act to quiet rights vested under Military Orders" 160 



\ 



^ 



STATUTES AT LAEGE 



OF THE 



STATE OF SOUTH CAROLINA^ 



AN ACT ACCEPTING THE BENEFITS OF " An AcT DONATING PUBLIC A. D. 1868. 

LANDS TO THE SEVERAL STATES AND TERRITORIES WHICH MAY PRO- ^w-v— ^ 

VIDE COLLEGES FOR THE BENEFIT OF AGRICULTURE AND THE ME- J^q. 1. 
CHANIC ARTS," APPROVED THE SECOND DAY OF JuLY, IN THE YEAR ^ 

OF OUR Lord one thousand eight hundred and sixty-two. 

I 

\ 

Whereas, by an Act of Congress, approved the twenty^third day of Preamble. 
July, in the year of our Lord one thousand eight hundred and sixty-six, 
entitled " An Act to amend the fifth Section of an Act entitled ' An Act 
donating public lands to the several States and Territories which may 
provide colleges for the benefit of agriculture and the mechanic arts,' " 
approved the second day of July, in the year of our Lord one thousand ^9^f*^?^o 
eiiht hundrtKi and sixty-two, so^^ to extend the time within which the""^''" ^*"^*- 
provisions of said Act shall be accepted and such colleges established, it 
was, among other things, by the Senate and House of Representatives 
of the United States of America, in Congress assembled, enacted that 
the time in which the several States may comply with the provisions of 
the said Act of July second, eighteen hundred and sixty-two, entitled 
" An Act donating public lands to the several States and Territories 
which may provide colleges for the benefit of agriculture and the me- 
chanic arts, is extended so that the acceptance of the benefits of the said '^ j^® ^^ *^' 
Act may be expressed within three years from the passage of the Act tended?^ 
first above mentioned : 

Section 1. Beit enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assem- 
bly, and by the authority of the same, That the State of South Carolina 
does hereby express its acceptance of the benefits of the said Act of Con- ^^^^®P**^^® 
gress, approved on the second day of July, in the year of our Lord one 
thousand eight hundred and sixty-two, entitled " An Act donating pub- 
lic lands to the several States and Territories which may provide colleges 
for the benefit of agriculture and the mechanic arts," and does hereby 
assent to the provisions in said Act contained, and to the conditions on . On condi- 
wbich the grant of land and scrip by said Act authorized is made, andg^^.^^^^^®* 
binds herself to the faithful performance of all the stipulations by her to 



\ STATUTES AT LARGE 

A. D. 1868. be assumed in said Act contained ; and it is further desired, tbat the 
State may be allowed to use the same for the establishment and support 
of a system of common free schools, if the State may so desire. 

Sec. 2. Upon the passage of this Act, the Grovemor of the State is au- 
thorized to take such measures as he may deem necessary to secure the 
early realization of the benefits of the Act above mentioned. 

In the Senate House, the twenty-second day of July, in the year of 
our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLm J. MOSES, Jr., Speaker House of Representatives. 
Approved : Robert K. Scott, Governor. 



No. 2- AN ACT to authorize and empower the Governor to effect a 

LOAN, IN BEHALF OF THE StATE, OF ONE HUNDRED AND TWENTY-FIVE 
THOUSAND DOLLARS. 

t 

Be it enacted by the Senate and House of Representatives of the State 
of South Carolina, now met and sitting in General Assembly, and by 
^i^k^nnr? ^^^^® authority of the same. That the Governor be, and he is hereby, au- 
^OTized. ^^' t-^^orized and empowered to negotiate a loan of one hundred and twenty- 
five thousand dollars, or so much thereof as is necessary to meet the 
current expenses of the State, at the lowest rate of interest possible ; and 
that, for this purpose, he is authorized to use, as collateral security, such 
State offi- *^ amount of the Bills Receivable, bonds, stocks, or other securities, 
cers required owned by the State, as may be necessary to effect the said loan ; and the 
^ ^^^^'^^.^ State officers having such Bills Receivable, bonds, stocks, or other se- 
ties to the curities, in their custody, are herebv authorized and required to deliver 
Governor, the same to the Governor, when called on, for this purpose. 

In the Senate House, the eighth day of August, in the year of our 
Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representativea. 
Approved : Robert K. Soott, Governor. 



.•tM 



Ko. 3. AN ACT to incorporate the LaNGLEY MANtrPAOTURING COMPANT, 

OP Edgefield County. 

Section 1. Se it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in Greneral Aflsem* 



OF SOUTH OABOLINA. 8 

bly, and by the authority of the same, That William C. Langley, Samuel A. D. 1868. 
Keyser and Charles D. Cook, and •others, and their associates and sue- ^-^v— ^ 
cessors, are hereby made and created a body politic and corporate, under , Incorpora- 
the name and style of " Langley Manufacturing Company," for the pur- p^Jy *^^°^" 
pose of manufacturing cotton yarns and cloths, paper, and such other 
fabrics as the demands of the community may require, and for procuring p^jp^ggg 
and making such machinery to carry on said manufactures ; and also for 
the transaction of all such business as may be connected with the aboye 
purposes, with a capital of three hundred thousand dollars, with the Capital, 
priyilege to increase it to any extent not exceeding six hundred thousand 
dollars, the consent of a majority of the stockholders being first had and 
obtained. 

Sec. 2. The said corporation may purchase and hold such real estate 
as majr be required for their purposes, or such as they may deem it for privUeffes*^ 
their mterest to take in settlement of any debts due to them, and may 
dispose of the same ; and may erect such mills, machine shops and other 
buildings thereon as may be deemed necessary ; and may sue and be sued, 
have and use a common seal, and make such by-laws tor the regulation 
and government of said corporation, not inconsistent with the Constitu- 
tion and laws of the United States and of this State, as may be deemed 
necessary ; and shall have, generally, all the rights, powers and privileges 
in law incident or appertaining to corporations. 

Seq. 3. Xbat nothing in this Act contained shall ever be so construed 
as to inhibit or restrain the Greneral Assembly from, at any time, impos- 
ing such limitations and restrictions as may be deemed just and proper. 

Sec. 4. That this Act shall be a public Act, and shall continue offeree Term of 
during the term of fourteen years. force. 

In the Senate House, the fourteenth day of August, in the year of 
our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 

Approved: Robert K. Scott, Governor, 



ra- 



AN ACT TO INCORPORATE THE ChERAW HoOK AND LADDER COMPANY No. 4. 
AS A PART OF THE FiRE DEPARTMENT OF THE TOWN OF ChERAW. 

Section 1. Be it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, ih«qj.«^ 
and by the authority of the same, ThaJ Henry Mclver, E. M. Wells and tion. ^ 
W. Lawrence Reid, Jr., and their successors in office, be, and they are 
hereby, constituted a body corporate and politic, under the name and 
style of the Cheraw Hook and Ladder Company, with a capital stock not Capital, 
exceeding the sum of five thousand dollars, with the right to sue and be ^. , , 
sued, to plead and be impleaded, in any Court of competent jurisdiction ; privifeges, 
to have and to use a common seal, and the same to alter at will and 



force. 



STATUTES AT LARGP 

A. D. 1868. pleasure ; and with all other rights, privileges and immunities that ar« 
*— ">*^"""**' now secured by law to like incorporate bodies. 

Term of Sec. 2. This Act shall be deemed a public Act, and shall remain in 
force for the term of fourteen years. 

In the Senate House, the fourteenth day of August, in the year of 
our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives, 
Approved: Robert K. Scott, Governor. " 



No. 5. AN ACT regulating the tenure of certain offices akd appoijit- 

MENTS thereto, AND FOR OTHER PURPOSES. 

Section 1. JSe it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 
Present offi- ^^^ ^^ ^^® authority of the same. That all State, District and municipal 
cers contin- officers appointed by the General commanding the late Second Milita,ry 
ued until sue- District, in pursuance of, and under the authority of, the reconstruction 
efe^ctf^n ^r ^^^^ ^^ Congress, pr appointed or elected under the late Provisional Gov- 
appointment. emment of South Carolina, and not removed by said General command- 
ing, and whose places have not been filled by election or appointment 
under the new Constitution, shall continue in office until their several 
offices are filled by the election or appointment and qualification, accord- 
ing to law, of the proper State, County and municipal officers, or until 
the duties of such officers have been devolved, by authority of the Gene- 
ral Assembly, upon other officers duly elected or appointed and qualified 
according to law under the new Constitution. 
. Sec. 2. It shall be lawful for any County or State officer, elected at the 

filing"^ bonds ®^®^^^^^ ^^ April 14, 15 and 16, or June 2 and 3, 1868, to file the bond 
and qualify- required by law, and qualify for the office to which he has been elected, 
^^S' at any time within twenty days from the passage of this Act, and no 

later ; and upon the filing of such bond and qualifying, according to law^ 
he shall enter upon the duties of said office. 

Sec. 3. The elections of April 14, 15 and 16, and of June 2 and 3, 1868, 
Elections de- ^^^^ ^^ conformity with the Acts of Reconstruction, and all orders issued 
clared valid, in pursuance thereof, are, and are hereby, declared valid ; and all persons 
elected at such elections are declared to be entitled to the immediate pos- 
session of the offices to which they have been elected, upon their qualify- 
ing and giving the bonds required by law. 
p Sec. 4. And be it further encictedy That if any person or persons holding 

' holding offi- ^^7 office or offices in the State of South Carolina shall refuse to surren- 
ces after the der to the person or persons elected at the elections of April 14, 15 and 
election ofjg^ ^j^^ June 2 and 3, 1868, or to the person or persons elected at the 
Bors^)unisha- elections hereafter to be held under the laws of South Carolina, not incon- 
ble. sistent with the new Constitution of said State, or appointed by the Gov- 

ernor in pursuance of law, such office or offices, together with all moneys, 
books, records, papers and property of any kind or character whatever, 



OF SOUTH CAJROLINA. 5 

pertaining thereto, whenever such person or persons so elected or appointed A. D. 1868. 
shall have qualified and given the bonds required by law, such person or ^— — v--— ^ 
persons so offending shall be deemed guilty of a misdemeanor, and, on 
conviction thereof, shall be punished by fine and imprisonment — such ^e Penalty. 
not to be less than one thousand dollars, and such imprisonment not to be 
less than one year at hard labor in the Penitentiary. All Acts or parts 
of Acts inconsistent herewith are hereby repealed. 

Sec. 5. That the provisions of this Act shall not apply to the oflicesof officers of 
Judges of the Court of Equity, and of Masters, Registers and Commis- the Court of 
sioners in Equity, but that the" said oflicers shall, until the first of Janu- E<l^ity- 
ary, one thousand eight hundred and sixty-nine, continue to discharge the 
duties and functions of their respective omces for the disposition of causes 
which are now pending. 

In the Senate House, the fifteenth day of August, in the year of our 
Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

A. J. RANSIER, Speaker House of Representatives pro tempore. 
Approver Robert K, Scott, Governor. 



AN ACT TO ORGANIZE THE CIRCUIT CoURTS. No. 6. 

Section 1. Be it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same. In pursuance of Section 13 of Article pivjeion of 
IV of the Constitution, the State is hereby divided into eight Circuits, as Circuits, 
follows : 

1. The Counties of Charleston and Orangeburg shall constitute the first First Cir- 
Circuit. c"it- 

2. The Counties of Edgefield, Barnwell, Colleton and Beaufort shall Second Cir- 
constitute the second Circuit. cuit. 

3. The Counties of Sumter, Clarendon, Williamsburg, Georgetown and Third Cir- 
Horryshall constitute the third Circuit. ^^^^• 

4. The Counties of Chesterfield, Marlboro, Marion, Darlington and ' Fourth Cir- 
Kershaw shall constitute the fourth Circuit. ^^^*- 

5. The Counties of Fairfield, Richland, Newberry and Lexington shall Fifth Cir- 
constitute the fifth Circuit. ^ c^^*- 

6. The Counties of Chester, Lancaster, York and Union shall constitute Sixth Cir- 
the sixth Circuit. cuit. 

7. The Counties of Abbeville, Laurens and Spartanburg shall consti- Seventh Cir- 
tute the seventh Circuit. ^^^** 

8. The Counties of Greenville, Anderson, Oconee and Pickens shall Eighth Cir- 
constitute the eighth Circuit. ^^^*; 

Sec. 2. The Circuit Courts in the first Circuit shall be held as follows: Y'^^^^ ^^^' 
1. The Court of General Sessions, at Charleston, for the County of ^"^ * 

Charleston, on the first Monday of February, June and November ; and Cliarleston. 

the Court of Common Pleas at Charleston, for the County of Charleston, 

on the ^second Monday of February, June aiid November. 



« STATUTES AT LARGE 

A. D. 1868. 2. The Court of Greneral Sessions at Orangeburg, for the Ciountj of 

^'— -v^-^ Orangeburg, on the first Monday of January, May and September ; and 
Ormngeburf . the Court of Common Pleas at Orangeburg, for the County of Orange- 
burg, on the first Wednesday after the first Monday of January, l&j 
and September. 

Second Cir- Sec. 3. The Circuit Courts in the second Circuit shall be held as follows: 

*"^*' 1. The Court of General Sessions at Edgefield, for the County of 

Edgefield, on the first Monday of February, June and October ; ana the 

Edgefield. Q^^j^ q£ Common Pleas at Edgefield, for the County of Edgefield, on 
the first Wednesday after the first Monday of February, June and Oc- 
tober. 

2. The Court of General Sessions at Barnwell, for the County of Bam* 
Barnwell, well, on the fourth Monday of February, June and October ; and the 

Court of Common Pleas at Barnwell, for the County of Barnwell, on the 
Wednesday after the fourth Monday of February, June and October. 

3. The Court of General Sessions at Walterboro, for the County of 
Colleton, on the first Monday after the fourth Monday in February, June 

^ ® °* and October ; and the Court of Common Pleas at Walterboro, for the 
County of Colleton, on the Wednesday after the fourth Monday of Feb- 
ruary, June and October. 

4. The Court of General Sessions at Beaufort, for the County of Beau- 
Beaufort fort, on the second Monday of April, August and December ; and the 

Court of Common Pleas at Beaufort, for the County of Beaufort, on the 

third Monday of April, August and December. 

Third Cir- Sec. 4. The Circuit Courts in the third Circuit shall be held aa fol- 
cuit. lo^g . 

1. The Court of General Sessions at Sumter, for the County of Sumter, 
Sumter. q^ i]^q ^^st Monday of January, May and August ; and the Court of 

Common Pleas at Sumter, for the County of Sumter, on the first Wednes- 
day after the first Monday of January, May and August. 

2. The Court of General Sessions at Manning, for the County of Clar- 
Clarendon. ©ndon, on the third Monday of January, May and August ; and the Court 

of Common Pleas at Manning, for the County of Clarendon, on the first 
Wednesday after the third Monday of January, May and August. 

3. The Court of General Sessions at Kingstree, for the County of Wil- 
,^^*^^^*"^*'liamsburg, on the first Monday of February, June and September ; and 

^^* the Court of Common Pleas at Kingstree, for the County of Williamsburg, 

on the first Wednesday after the first Monday of February, June and 
September. 

4. The Court of General Sessions at Georgetown, for the County of 
Georgetown. Greorgetown, on the third Monday of February, June and October ; and 

the Court of Common Pleas at Georgetown, for the County of George- 
town, on the first Wednesday after the third Monday of February, June 
and October. 

5. The Court of General Sessions at Conwayboro, for the County of 
Horry. Horry, on the second Monday of March, July and November ; and the 

Court of Common Pleas at Conwayboro, for the County of Horry, on the 
first Wednesday after the second Monday of March, July and November. 
Fourth Cir- Sec. 5. The Circuit Courts in the fourth Circuit shall be held as 
cuit. follows : 

1. The Court of General Sessions at Chesterfield, for the County of 
Chesterfield. Chesterfield, on the first Monday of January, May and August ; and the 



OF SOUTH CAROLINA. 7 

Court of Common Pleas at Chesterfield, for the Connty of Chesterfield, A. D. 1868. 
on the first Wednesday after the first Monday of January, May and '"— v^-^ 
August. 

2. The Court of General Sessions at Bennettsville, for the County of 
Marlboro, on the third Monday of January, May and August ; and the ;iiarlboro. 
Court of Common Pleas at Bennettsville, for the County of Marlboro, 

on the first Wednesday after the third Monday of January, May and 
August. 

3. The Court of General Sessions at Marion, for the County of Marion, 

on the first Monday of February, June and September ; and the Court of Marion. 
Common Pleas at Marion, for the County of Marion, on the first Wednes- 
day after the first Monday of February, June and September. 

4. The Court of General Sessions at Darlington, for the County of 
Darlington, on the third Monday of February, June and October ; and Darlington, 
the Court of Common Pleas at Darlington, for the County of Darlington, 

on the first Wednesday after the third Monday of February, June and 
October. 

5. The Court of General Sessions at Camden, for the County of Ker- 
shaw, on the second Monday of March, July and November ; and the Kershaw. 
Court of Common Pleas at Camden, for the County of Kershaw, on the 

first Wednesday after the second Monday of March, July and November. 

Sec. 6. The Circuit Courts in the fifth Circuit shaU be held as fol- Fifth Cir- 
lows : . ^"^** . 

1. The Court of General Sessions at Winnsboro, for the County of 
Fairfield, on the first Monday of January, May and September ; and the p . j. i^ 
Court of Common Pleas at Winnsboro, for the County of Fairfield, on *^' ® * 
the first Wednesday after the first Monday of January, May and Sep- 
tember. 

2. The Court of General Sessions at Columbia, for the Countv of 
Richland, on the first Monday of February, June and October ; and the Richland. 
Court of Common Pleas at Columbia, for the County of Richland, on 

the first Wednesday after the first Monday of February, June and Oc- 
tober. 

3. The Court of General Sessions at Newberry, for the County of New- TSjQ-^i,gpj.y 
berry, on the first Monday of March, J\ily and November ; and the 

Court of Common Pleas at Newberry, for the County of Newberry, on 
the first Wednesday after the first Monday of March, July and No- 
vember. 

4. The Court of General Sessions at Lexington, for the County of 
liexington, on the first Monday of April, August and December ; and Le^ciwytoir. 
the Court of Common Pleas at Lexington, for the County of Lexington, 

on the first Wednesday after the first Monday of April, August and De- 
cember. 

Sec. 7. The Circuit Courts in the sixth Circuit shall be held as fol- Sixth Cir- 
lows : <^^i** 

1. The Court of General Sessions at Chesterville, for the County of 
Chester, on the first Monday of January, May and September ; and the Chester. 
Court of Common Pleas at Chesterville, for the County of Chester, on 

the first Wednesday after the first Monday of January, May and Sep- 
tember. 

2. The Court of Gteneral Sessions at Lancaster, for the County of Lan- LancaBter. 
caster, on the first Monday of February, June and October ; and the 



8 STATUTES AT LARGE 

A.-D.1868. Court of CJominon Pleas at Lancaster, for the County of LanoaiErter, 
'^— v^*^ on the first Wednesday after the first Monday of February, June and 
October. 

3. The Court of Greneral Sessions at Yorkville, for the County of York, 
York. on the first Monday of March, July and November ; and the Court of 

Common Pleas at Yorkville, for the County of York, on the first Wednes- 
day after the first Monday of March, July and November. 

4. The Court of Greneral Sessions at Unionville, for the County of 
Union. Union, on the first Monday of April, August and December ; and the 

Court of Common Pleas at Unionville, for the County of Union, on the 
first Wednesday after the first Monday of April, August and December. 

Seventh Cir- 3^^* ^* The Circuit Courts in the seventh Circuit shall be held as fol- 

cuit lows : 

1. The Court of General Sessions at Abbeville, for the County of 
Abbeville. Abbeville, on the third Monday of January, May and September ; and 

the Court of Common Pleas at Abbeville, for the County of Abbeville, 
on the first Wednesday after the third Monday of January, May and 
September. 

2. The Court of General Sessions at Laurensville, for the County of 
Laurens. Laurens, on the third Monday of February, June and October ; and the 

Court of Common Pleas at Laurensville, for the County of Laurens, on 
the first Wednesday after the third Monday of February, June and Oc- 
tober. 

3. The Court of General Sessions at Spartanburg, for the County of 
Spartanburff. Spartanburg, on the third Monday of March, July and November ; and 

' the Court of Common Pleas at Spartanburg, for the County of Spartan- 
burg, on ihe first Monday after the third Monday in March, July and 
November. 
Bighth Cir- Sec. 9. The Circuit Courts in the eighth Circuit shall be held as fol- 
^"^*- lows: 

1. The Court of General Sessions at Greenville, for the County of 
Greenville. Greenville, on the second Monday of January, May and September ; and 

the Court of Common Pleas at Greenville, for the County of Greenville, 
on the first Wednesday after the second Monday of January, May arid 
September. 

2. The Court of General Sessions at Anderson, for the County of An- 
Anderson. derson, on the fourth Monday of January, May and September ; and the 

Court of Common Pleas at Anderson, for the County of Anderson, on the 
first Wednesday after the fourth Monday of January, May and Septem- 
ber. 

3. The Court of General Sessions at Walhalla, for the Countv of 
Ooonoe. Ooonee, on the second Monday of March, July and November ; ana the 

Court of Common Pleas at Walhalla, for the County of Oconee, on the 
first Wednesday aft«r the second Monday of March, July and Novem- 
ber. 

4. The Court of General Sessions at New Pickens, for the County of 
Piokem. Pickens, on the fourth Monday of March, July and November ; and the 

Court of Common Pleas at New Pickens, for the County of Pickens, on 
the first Wednesday after the fourth Monday of March, July and No- 
vember. 
C o m mon Sec. 10. The Judges elected and commissioned for the several Circuits 
Pleas &c. ghall hold the Courts of Common Pleas and General Sessions for the sey* 



OP SOUTH OABOLINA. 9 

cral Counties in their respective Circuits : Provided, Said Judges shall -A.. D. 1868. 
interchange Circuits, upon their request to and order of the Chief Jus- ^-— v— -^ 
tiee, or upon the order of the Chief Justice without such request, when- 
ever, in his judgment, it shall be deemed advisable. 

Sec. 11. Should the business before the Court of General Sessions, at precedence 
any term, not be completed on the arrival of the day fixed by law for th^ 6f General 
holding of the Court of Common Pleas for said County, the Judge pre- SesMons. 
siding may, in his discretion, adjourn said Court of Common Pleas until 
the said business of the Court of General Sessions shall have been con- 
eluded. 

Sec. 12. The several Circuit Judges shall have power to hold special special sea- 
sessions within their respective Circuits, at any time in their discretion, sions. 
or at the discretion of the Chief Justice, of which the Judge presiding 
shall give such notice as the Chief Justice may direct, or as may, in his 
judgment, be necessary, should no directions be given. The Clerk of 
such Court shall, at least fifteen days before the commencement of such ^ .^m, >. 
special session, cause the time and place for holding the same to be noti- ^ ^ ^^ ^^°* 
fied, for at least two weeks, successively, in one or more of the newspapers 
published nearest the place where the session is to be holden. All pro- 
cesses, writs and recognizances of every kind, whether respecting juries, Processes. 
witnesses, bail or otherwise, which relate to the cases to be tried at the 
said special sessions, shall be considered as belonging to such sessions, in 
the same manner as if they had been issued or taken in reference thereto. 
All business depending for trial at any special session shall, at the close 
thereof, be considered as of course removed to the next stated term of the 
Court. Said special sessions shall be held in pursuance of an order 
whicl) shall be transmitted to the Clerk of the Court, and by him entered 
on the records of the Court. 

Sec. 13. Petit jurors summoned to attend the Court of General Sessions Petit jurors. 
in any County, except the County of Charleston, shall also attend and 
serve as jurors for the Court of Common Pleas next ensuing in and for 
isaid County. 

Sec. 14. The Judge of the Circuit shall have power to direct any Cir- . 

cuit Court in his Circuit to be adjourned over to a future day, designated ment of^Cir- 
in a written order to the Clerk of said Court, whenever there is a danger- cuit Courts. 
ous and general disease at the place where said Court is usually holden. 

Sec. 15. The Judges elected and qualified by taking the oath pre- Oath of 
scribed in the thirtieth Section of the second Article of the Constitution, Judges. 
which oath, to the Judges under the first election, shall be administered 
by the Governor of the State of South Carolina, who is hereby empowered 
to administer the same, and to the Judges under any subsequent election 
by one of the Justices of the Supreme Court, shall forthwith enter Provisional 
upon their duties ; and all cases begun and pending in the Courts of Com- Go vernment 
men Pleas and General Sessions of the Provisional Government of South cases trans- 
Carolina at the expiration thereof shall be, and the same are hereby, ^-^^ ^ County 
transferred to the County Courts having jurisdiction of the same, estab- Courts. 
lished by this Act, with all files, records and property pertaining thereto, 
i^nd to said Courts; and all processes, writs and recognizances. of every 
kind, whether respecting juries, witnesses, bail or otherwise, shall be con- 
sidered as belonging to the Courts herein established, in the same manner . 
as if they had been issued or taken with reference thereto : Provided, Prorlw. 



10 STATUTES AT LARGE 

A. D. 1868. That no cause shall be transferred as aforesaid not cognizable in the CSr- 
'^— -v^*^ cuit Courts under the Constitution on original process or appeal. 

Sec. 16. The Circuit Courts herein established shall be Courts of 
record^ ^record, and the books of record thereof shall at all times be subject to the 
inspection of any person interested therein. 
Clerks of ^^^* ^^' "^^^ Clerk elected in each County under the provisions of 
Sessions and Section 27 of Article IV of the Constitution, shall be Clerk of the Courts 
C o m m o n of General Sessions and Common Pleas, and may appoint a deputy, who 
Pleas. jjjg^y perform the duties of Clerk, for whose acts such Clerk shall be re- 

sponsible, and a record of whose appointment shall be made in the 
Clerk's office ; and such appointment may be revoked, at the pleasure of 
the Clerk ; and in case no Clerk exists, the Judge shall have authority to 
appoint a person, who shall perform the duties of Clerk, and said Deputy 
Clerk, or the one appointed by the Judge, shall be required to give the 
usual bond before entering upon the duties of the office. 
Sec. 18. All suits iii Equity depending in the Courts of Chancery and 
Suits in not finally disposed of, and the property and records relating thereto, on 
jfiquity. ^YiQ first day of January, A. D. 1869, shall be transferred to the Courts of 

Common Pleas in and for their respective Counties, and shall be entered 
upon the dockets of said Courts for the stated term thereof next ensuing, 
and thereupon shall be heard, tried and determined, with all rights re- 
spected and preserved, in the same manner as if originally brought there : 
Provided, That no cause shall be transferred to the dockets of the Courts 
Provisos, as aforesaid, not cognizable therein under the Constitution : Provided, 
further, That all causes depending as aforesaid, and the property and 
records pertaining thereto, cognizable under the Constitution in the Courts 
of Probate, shall be transferred to said Courts. 
Sec. 19. All books of record, all files, and all property of whatever 
Archives to kind, of the Courts of Chancery, except as hereinbefore provided, shall, 
red. ^^^ ^^' ^^ ^^® ^^®^ ^^y ^^ January, A. D. 18d9, be transferred to the Courts of 
Common Pleas for the Counties having jurisdiction of like causes ; and 
the several Clerks of the Circuit Courts shall receive the same from the 
outgoing Clerks and Masters of said Courts and receipt therefor, and also 
enter said receipt upon the records of their respective Courts. 
Sec. 20. All writs heretofore issued (or which, before the ratifioition 
Writs re- of this Act, shall have been issued), and made returnable to the terms of 
turnable. the Courts of Common Pleas, as heretofore established by law, shall be 
returnable to the terms of the said Courts which shall first ensue in each 
County, respectively, under the provisions of this Act. 
Sec. 21. At the term of the Court of Sessions and Common Pleas 
Dockets of which shall first ensue in each County after the ratification of this Act, it 
the District shall be the duty of the Judge presiding to call the dockets of the late 
Court. District Court, and to pass such orders, proposed by the Solicitor in the 

Sessions, or by the plaintiffs' attorneys in civil causes, as in the judgment 
of the Court mav be proper, to transfer the unfinished business to its 
proper tribunal K)r adjudication. 

In the Senate House, the twentieth day of August, in the year of our 
Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 
F. J. MOSES, Jr., Speaker House of Bepresentativei. 
Approved: Robert K. Scott, Governor. 



OF SOUTH CAROLINA. 11 

AN ACT TO PROVIDE A Private Secretary for the Governor A. D. 1868. 

OF %'HE State. ^*-^>^-^-^ 

No. 7. 
Section 1. Beit enacted by the Senate and House of Representatives 

of the State of South Carolina, now met and sitting in General Assembly, private Sec- 

and by the authority of the same, That the Governor is hereby author- retary. 

ized to appoint one person to be known and to act as Private Secretary to 

the Grovemor of the State, whose duty it shall be to perform such clerical 

and other duties as may be required of him by the Governor, in connec' 

tion with the duties of the office of Governor. 

Sec. 2. The pay of said Private Secretary is hereby fixed at an annual 

salary of fifteen hundred dollars. 

In the Senate 5ouse, the twentieth day of August, in the year of pur 
Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Ro3BRT K. Scott, Governor. 



/r6 



AlN act to make appropriations for the payment op the ex- No. 8. 
penses of the present session of the legislature, and to meet 
certain deficiencies in the appropriation for the fiscal year 

COM MENCING ON FIR ST OF OCTOBER, IN THE YEAR OFl) U R L oj fe^ bl^S 

THOUSAND kiGHT HUNDRED^^^iSrirSI XTY-SEVEN, MADE^IbY GeNERAL m A j m/ 

Orders NorlS^riJlTEb at Charleston, December 3, 1867. «-c^/u^^ /# 

^' t!r 

Section 1. Be it enacted by the Senate and House of Representatives Appropria- 
of the State of South Carolina, now met and sitting in General Asseinbly, tions. 
and by the authority of the same. That the following ^ums for the specific 
purposes herein named be, and the same are hereby, appropriated, to be 
paid out of any money in Treasury not otherwise appropriated, that is to 
say> for expenses of the present session of the Legislature, seventy thou- -, . 
sand dollars ($70,000), if so much be necessary : Provided, That the pay tive^expenses 
;^ certificates of members and officers, and the pay certificates or orders for 
all other expenses shall be signed by the Clerks, and countersigned by 
the presiding officers of the respective Houses to which such officer, or 
member, or expense, belongs; but that the pay certificates or orders of 
members, officers and expenses common to the two Houses, shall be signed 
by the Speaker of the House of Representatives and countersigned by the 
President of the Senate, and that the pay certificates or orders shall be 
drawn at such times and for such amounts as the Legislature shall deter- 
mine by loint resolution ; and be collected at the Treasury by the Ser- 
feant-at-Arms, or such other person as the Speaker of the House and 
^resident of the Senate may direct, who shall immediately pay over the 
same to the persons entitled thereto, under the penalty of the official bond 
of the Sergeant-at-Arms. 

Sec. 2. For payment of contingent expenses of the State for the year one porcontin- 
thousand eight hundred and sixty-seven (1867) remaining unpaid, forty gent expen- 
thousand (40,000) dollars, if so much be necessary : Provided, That the sea. 



12 



BfTATUTES AT LARGE 



A. D. 186E8. contingent accounts of Clerks, Sheriffs, (^roners, Magistrates, Constables, 
and other officers of this State, shall be audited by the Comptroller-Gren- 
eral, and if found conformable to laws, he shall draw his warrant upon 

' Provisos, the Treasurer for payment thereof. For dieting and transporting pris- 
oners, twenty thousand (20,000) dollars, if so much be necessary : And, 
provided, further. That no person who may have been removed from 
office dul-ing the existence of the Provisional Grovernment shall receive 
any portion of any appropriation, for pretended services after such re- 
moval. 

In the Senate House, the twentieth day of August, in the year of 
our Lord one thousand eight hundred ana sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved : Robert K. Scott, Governor. 



No. 9. AN ACT to regulate appeals and writs op error to the Sufremb 

Court. 



Appeals. 



Section 1. Beit enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in Greneral Assembly, 
and by the authorit)r of the same. That from final decrees and iudgments 
in equity in a Circuit Court, an appeal to the Supreme Court shall be al- 
lowed, where the amount in controversy exceeds one hundred dollars in 
value ; and, upon such appeal, a copy of the bill, answer, depositions, 
and all other proceedings in the cause, shall be transmitted to and filed in 
the Supreme Court, and no new evidence shall be received on the hearing 
Operate as a of such appeal. An appeal from the order or decree of any Judge in 
supersedeas, equity shall, in all cases, operate as a supersedeas of such order or decree 
Proviso P^iidmg the appeal :* Provided, That if the opposite party shall have reason 
to apprehend irreparable injury from the suspension of such order or de- 
cree, he or she may, upon giving ten days' notice to the appellant, or to his 
or her solicitor, move, before the Chief Justice or an Associate Justice* at 
Chambers or in the Supreme Court, for an order directing the enforce- 
ment of the order or decree from which the appeal is taken, according to its 
terms, and notwithstanding the appeal. 

Sec. 2. Final judgments and decrees in civil and criminal actions in 
. the Circuit Courts, brought there by original process, or removed there by 
tion^of judff^ appeal from any inferior Court or jurisdiction, may be re-examined and 
ments and reversed or affirmed in the Supreme Court upon writ of error, whereto 
decrees. shall be annexed and returned therewith, at the day and place therein 
mentioned, an authentic transcript of the record, an assignment of errors 
and prayer for reversal, with a citation to the adverse party, signed by a 
Judge of the Circuit Court or Justice of the Supreme Court, giving to the 
adverse party at least ten days' notice. There shall be no reversal on 
such a writ of error for error in ruling any plea in abatement, other than 
a plea to the jurisdiction of the Court, or for any error in fact. Writs of 
error shall not be granted unless brought within one year after rendering 
or passing the judgment, or passing the decree complained of. No Jus- 
tice or Judge shall sign a citation on any writ of error as aforesaid, with- 



OP SOUTH CABOLINA. 18 

out first having taken good and sufficient security that the plaintiflT in A. D. 1868. 
error shall prosecute his writ to effect, and answer all damages and costs ^"^^'^'T*^ 
occasioned by reason of his proceedings in error, if he fail to make his Security. 
plea good : Provided, That by an agreement of the parties to a cause, 
which agreement shall be put upon or attached to the record, only so Proviso, 
much of the transcript of the record as ftiUy and plainly exhibits the 
errors assigned, shall be transmitted to the Supreme Court, unless the 
Supreme Court, upon the hearing of the cause, shall order it. 

Sec. 3. A writ of error as aforesaid shall be a supersedeas, and stay ex- -^Vhen ope- 
ecution in cases only where the writ is served W a copy thereof being rating as a «*- 
lodged for the adverse party in the Clerk's office where the record r^-persedeaa, 
mains, within five days, Sunday exclusive, after rendering the judgment 
or passing the decree complained of Until the expiration of which term 
of five days, execution shall not issue in any case ; and whereupon such 
writ of error, the Supreme Court shall affirm a judgment and decree, they 
shall adjudge or decree to the respondent in error just damages for his 
delay, and single or double costs, at their discretion. 

Sec. 4. When a judgment or decree shall be reversed in the Supreme 
Court, the said Court shall proceed to render such judgment or pass such ^ Reversal of 
decree as the Circuit Court shall have rendered or passed, except where J^^S°^®°*®* 
the reversal is in favor of the plaintiff or petitioner in the original suit, 
and the damages to be assessed or matter to be decreed are uncertain, in 
which case the cause shall be remanded for final decision in the Circuit 
Court, in accordance with the decision of the Supreme Court and their 
order in the premises. The Supreme Court shall not issue execution in 
causes that are removed before them by writs of error, but shall send a 
ispecial mandate to the Circuit Court to award execution thereupon. 

Sec. 5. It shall be the duty of the Clerk of the Supreme Court forth- 
with to transmit to the Clerks of the several Circuit Courts the form of a ^ri^ of^n-or. 
writ of error, to be approved by a ^Justice of the Supreme Court, and it. 
shall be lawful for the Clerks of the said Circuit Courts to issue writs of 
error agreeable to such form, as nearly as the case may admit, under the 
seal of said Court, returnable to the Supreme Court ; and the Supreme 
Court shall have power to prescribe all rules for the orderljr conduct of ?^^®^- /^^ 
its business, and also the business of the Circuit Courts, notlnconsistent fnesl^ ^ ***' 
with the Act of the General Assembly. 

Sec. 6. The security to be required and taken on the signing of a cita- security. 
tion, or any writ of error which shall not be a supersedeas and stay exe- 
cution, shall be only to such an amount as, in the judgment of the Jus- 
tice or Judge taking the same, shall be sufficient to answer all such costs, 
as, upon an affirmance of the judgment or decree, may be adjudged or 
decreed to the respondent in error. 

Sec. 7. Whenever any writ of error, appeal, or other process in law or Security 
equity shall issue from. or be brought up to the Supreme Court bythe^J^"^ *^^ 
State, no bond, obligation or security shall be required from the State by quired, 
any Judge or Clerk of Court, either to prosecute said suit or to answer in 
damages or costs. 

In the Senate House, the twentieth day of August, in the year of 
our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLm J. MOSES, Jr., Speaker House of Representatives. 
Approved : Robert K, Scott, Governor. 



14 STATUTES AT LARGE 



\ 



a;d. 1868. AN ACTT to pbovide for the becordino of certificates of bale 

'^— "V^-^ ISSUED TO PURCHASERS OF LANDS SOLD UNDER DIRECTION AND AU- 

No. 10. THORITY OF THE UNITED StATES DiBECT TaX COMMISSIONERS IN 

Beaufort County, South Carolina. 

Whereas, a large number of land titles in the form of certificates of 
p , . sale, issued by the United States Direct Tax Commisssionefs for South 
' Carolina, have been created in the County of Beaufort, in said State, 
during and since the close of the late rebellion : 

Be it enacted by the Senate and House of Representatives of the State of 

South Carolina, now met and sitting in General Assembly, and by the 

Certificates authority of the same, That the holders of all certificates or titles, issued 

^^ ^*d d^ ^^ ^y ^^ under the authority of the United States Direct Tax Commis' 

sioners for South Carolina, shall be allowed to record the same in the 

office of the Register of Mesne Conveyance for the County aforesaid ; and 

8h 11 h 1 *^^^ when such certificates shall have been so recorded, such recording 

gal notice of ®^*^^ ^® deemed to be a legal notice of title to the land described in the 

title. same. 

In the Senate House, the twentieth day of August, in the year of 
our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FR ANIQ^IN J. MOSES, Jr., Speaker House of Representatives. 

Approved : Robert K. Scott, Governor. 



No. 11, • AN ACT TO ESTABLISH A StATE PolIOE. 

Section 1. Be it entzded by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same. There shall be appointed by the Gov- 
B table and®"^^^' ^^^ confirmed by the Senate, an officer to be named and designated 
Deputies. the Chief Constable of the State, who shall be commissioned and hold 
office for four years, unless sooner removed by the Governor. He shall 
reside at the capital, and shall appoint in each County one Deputy, Chief 
Deputy Constable, and as many Deputy Constables as the Governor may 
direct. 

Sec. 2. The Chief Constable of the State and the Deputy Chief and 
Deputy Constables in the Counties shall exercise all the common law and 
Powers and statutory powers of Constables, and all authority given to the police or 
duties. watchmen by the statutes of the State and by the charters and ordinances 

of incorporated towns and cities, concurrently with such officers. Said 
Chief Constable of the State, and Deputy Chief and Deputy Constables in 
the several Counties, shall at all times obey and execute the orders of the 
Governor in relation to the preservation of the public peace, and the exe- 
cution of the laws throughout the State ; and it shall be their duty to see 
that the laws are observed and enforced, and shall especially use their 
utmost effi)rt and endeavor to repress disorder and prevent crime. 



OP SOUTH CAROLINA. 16 

Sec. 3. The Chief Constable of the State shall be paid out of the Treas- A D. 1868. 
ury of the State an annual salary of fifteen hundred dollars, in equal ^— n<^— ^ 
monthly payments ; and the Deputy Constables in the Counties shall re- . ^ompensa- 
ceive a compensation of three dollars per day when actually on duty, ^^n s t a b W 
Whenever required to travel on duty, they shall be allowed as compen- and Deputies 
sation the same amount which may be accorded by law to Sheriffs and 
their deputies. The accounts of Deputy Chief Constables and Dep- 
uty Constables shall be verified by affidavits made and taken before a 
Justice of the Peace, Notary Public or Clerk of a Court of record, and 
after approval by the Governor, shall be audited and paid out of the 
Treasury. 

Sec. 4. The Governor shall cause to be made and published all need- 
fill rules and regulations for the governipent of the constabulary force ; reSillSons! 
and the Chief Constable of the State shall hold the Deputy Chief Consta- 
bles and the Deputy Constables in the Counties ready, at all times, for 
the prevention of crime and enforcement of the laws of the State. 

Sec. 5. The Governor shall have authority, whenever in his judgment 
it shall be necessary, to arm the constabulary, and in any emergency to Clover nor 
assume the sole control of the whole or any part of the municipal police controL *^"^^ 
in cities and incorporated towns ; and to authorize the Chief Constable of 
the State, or any Deputy Chief Constable, to command assistance in the 
execution of process, suppressing riots and in preserving the peace. 

In the Senate House, the twenty-second day of August, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES Jr., Speaker House of Representativea. 
Approved : Robebt K. Soott, Governor. 



AN ACT TO regulate the manner of keeping ANB DXSBlIRdtNfG No. 12. 

FUNDS BY CERTAIN OFFICERS. 

Section 1. Be it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, «. . m 
and by the authority of the same. The Treasurer of the State of South urer to dt 
Carolina shall deposit all moneys that shall come to his hands, on account posit all mon- 
ofthis State, within three days, Sundays exclusive, after receiving the ^ys that may 
same, in such bank or banks in the cities of Columbia and Charleston as ^ands!^*^ 
shall be designated by the Governor, Comptroller-General and Treasurer, 
or any two of them, and as, in their opinion, shall be secure ; and pay the 
highest rate of interest for such deposit. The moneys so deposited shall 
be placed to the account of the Treasurer, and he shall keep a bank book, 
in which shall be entered his account of deposits in, and moneys drawn 
from, the banks in which such deposits shall oe made. 

Sec. 2. The said banks shall respectively transmit to the Governor and Duty ofthd 
Comptroller-General monthly statements of the moneys which shall be hanki. 
received and paid by them on account of the Treasury. 

Sec. 3. The Treasurer shall not draw any moneys from suck banka^ 



16 STATUTES AT LARGE 

A. D. 1668. unless by checks, subscribed by him as Treasurer, and countersi^ed by 
^^-~v^-^ the Governor ; and no moneys shall be paid by either of the said bank^ 

on account of the Treasury, except upon such checks. 
Bank book Sec. 4. The Treasurer shall exhibit his bank book to the Comptroller- 
to be exam- General and Governor, for their examination, on the first Tuesday in 
med. every month, and oftener, if required. 

Sec. 5. The accounts of the Treasurer shall be annually closed on the 
beclosed^an- thirtieth day of October, and shall be examined during the months of 
nually. November ^nd December, in each year, by a Joint Commitee, consisting 

To be exam- of one member of the Senate and two of the House of Representatives, to 
ined by Joint be appointed by a concurrent resolution of the two Houses of the Gfen- 
Oommittee. ^^^^ Assembly, at the session previous to said time of examination in each 
year. 
. Sec. 6. Such Committee shall examine the accounts, the vouchers re- 

C<Simittee.^^**^S *^ ^^^ moneys received into and paid out of the Treasury during 
the year ending on the thirtieth of October preceding such examination, 
and shall certify and report to the General Assembly at its next session, 
after the said thirtieth day of October, the amount of^ moneys received 
into the Treasury during such year ; the amount of moneys paid out of it 
during the same period, by virtue of warrants drawn on the Treasury by 
the Comptroller-General ; the amount of moneys received by the Treas- 
urer who shall then be in office at the time of such examination ; when 
he entered upon the execution of the duties of his office ; and the balance 
in the Treasury on the thirtieth day of September preceding such 
examination. 

Sec. 7. Such Committee shall also compare the warrants drawn by the 
To compare Comptroller-General on the Treasury during the year ending on the said 
warrants. thirtieth day of October preceding, with the several laws under which the 
same shall purport to have been drawn, and shall in like manner certify 
and report whether the Comptroller-General had power to dra^^ such 
warrants ; and if any shall be found, which, in their opinion, he had no 
power to draw, they shall specify the same in their report, with their 
reasons for such opinion. 

Sec. 8. That a majority of the members of such Committee may per- 
form all the duties required by law of the Committee. 
Compensa- ^^^' ^' '^^® members of the Committee appointed by this Act shall re- 
tion. ceive the same compensation from the Treasury, for services and travel 

required to be performed by this Act, as is allowed to members of the 
General Assembly. 
Sec. 10. All moneys which shall hereafter be paid into the Circuit or 
' M f P^^^^^® Courts of the State, or received by the officers thereof in causes 

be deposfted? P©iidiiig therein, shall be immediately deposited in some incorpoi^ted 
State Bank or National Bank, within the Circuit, of good credit and stand- 
ing ; or if there be no such bank within the Circuit, then in such bank 
nearest to the place of holding the Court, in the name, and to the credit 
of the Court. 
Sec. 11. No money deposited as aforesaid shall be drawn from said 
How to be banks, except by order of the Judge of said Courts, respectively, in term 
drawn. ^p jj^ yacation, to be signed by such Judge, and to be entered and certi- 

fied of record by the Clerk ; and every such order shall state the cause in 
. or on account of which it is drawn ; Provided, That money paid into 
Proviso. QQXiYt to be immediately paid out, need not be so deposited, but shall b« 
paid upon order of the Court. 



OP SOtJTfl CAROLINA. 17 

Sec. 12. If any Clerk of such Courts, or other officer thereof, having re- A. D. 1868. 
ceived such moneys, as aforesaid, shall refuse or neglect to obey the order "*— *>"— ^ 
of such Court for depositing the same, as aforesaid, such Clerk or other put ics of 
officer shall be forthwith proceeded against by attachment for contempt. Courta ^ 

Sec. 13. At each stated session of said Courts, the Clerks thereof shall 
present an account to said Court of all moneys remaining therein, or sub- 
ject to the ord^r thereof, stating particularly on account of what cause or 
causes said moneys are deposit^, which account and the youchers thereof 
3hall be filed in Court. 

In the Senate House, the twenty-second day of August, in the year of 
our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representativea. 
Approyed: Robert K. Soott, Goyemor. 



AN ACT TO AI7TH0RIZE A LOAN TO REDEEM THE OBLIGATIONS KNOWN No. 13. 

AS THE " Bills Receivable of the State of South Carolina." 

Section 1. Beit enacted by the Senate and House of Representatiyes 
of the State of South Carolina, now met and sitting in Greneral Assembly, Q-oy ernor 
and by the authority of the same. That the Goyemor of the State be, authorized to 
and he is hereby, authorized to borrow, on the credit of the State of South issue bonds 
Carolina, on coupon bonds, within twelye months from the passage of JJ^^ ^^^^^ * 
this Act, a sum not exceeding fiye hundred thousand dollars, or as much 
thereof as he may deem necessary, to redeem the Bills Receiyable of the 
State of South Carolina ; said bonds to bear interest at six per cent., Interest. 
payable semi-annually, and redeemable within twenty years from the pas- When re- 
sage of this Act. deemable. 

Sec. 2. That the bonds and coupons of the said loan shall be paid in Where pay- 
the city of New York. al>lo- 

Sec. 3. That the bonds issued under the proyisions of this Act shall be giffnatures 
signed by the Goyernor and countersigned by the State Treasurer ; and to bonds and 
all such obligations shall be under the seal of the State. The coupons coupons, 
shall be signed by the State Treasurer, or executed in such manner as 
may be designated by the Groyemor. 

Sec. 4. That the faith, credit and funds of the State of South Carolina Pledget for 
are hereby solemnly pledged for the punctual payment of the interest and payment. 
redemption of the prmcijpal of the loan authorized by this Act. 

Sec. 6. That the bonus authorized by this Act shall be sold at the How to b« 
highest market price by the Financial Agent of the State in the city of *^^^* 
New York, and not less than for a sum to be fixed by the Goyemor, At- 
tomey-Greneral and Treasurer, who shall fix the time of redemption, and Redemption- 
redeem said Bills Receiyable at the office of the State Treasurer ; and 
they are further authorized to pay such sums of money as may be neces- Authority to 
sary to efiect the purposes of this Act out of any funds of the State not P*^ expenses 
otherwise appropnated. 

3 



18 STATDTE& AT LARGE 

A. D. 1868. Sec. 6. That an annual tax, in addition to all other taxes, shall be 
'^— v^*^ levied upon the property of the State, sufficient to pay the interest on the 
Tax to be loan hereinbefore authorized at the times when such interest shall &11 
l«v^«<i- due. 

In the Senate House, the twenty-sixth day of August, in the year of 
our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 

Approved: Robert K. Scott, Grovernor. 



No. 14. AN ACT to authorize a State Loan to pay Interest on the 

Public Debt. 

Section 1. Be it enacted by the Senate and House of Repres^itatives 
of the State of South Carolina, now met and sitting in Greneral Assembly, 
Governor ^^d by the authority of the same. That the Governor of the State be, and 
authorized to he is hereby, authorized to borrow, on the credit of the State of South 
^^^d ^ ff^T^* Carolina, on coupon bonds, within twelve months from the passage of 
foan.^ ®° *this Act, a sum not exceeding one million dollars, or as much thereof as 
he may deem necessary, to pay interest on the public debt ; the first pay- 
Interest, nient of said interest is to be made on or before the first day of July, 
A. D. 1869 ; said bonds to bear interest at six per cent., payable semi- 
When re- annually, and redeemable within twenty years fiom the passage of this 

Where pay- Sec. 2. That the bonds and coupons of said loan shall be paid in the 
able. city of New York. 

Sec. 3. That the bonds issued under the provisions of this Act shall 
h*^T*^^d ^® signed by the Governor and countersigned by the State Treasurer ; 
coupons! ^^ ^^^ ^^ ^^^ obligations shall be under the seal of the State. The cou- 
pons shall be signed by the State Treasurer, or executed in such manner 
as may be designated by the Governor, 
p. , f ®^^' ^' '^^^^ *^® feith, credit and funds of the State of South Carolina 
payment.^ ^' are hereby solemnly pledged for the punctual payment of the interest and 
redemption of the principal of the loan authorized by this Act. 

Sec. 5. That the bonds authorized by this Act shall be sold at the 
How to be highest market price, and for not less than a sum to be fixed by the 
Bold. Governor, Attorney-General and the Treasurer, who are hereby author- 

ized to appoint, under a commission signed by them, some responsible 
bank or banker in the city of New York, to act as Financial Agent of 
the State, to be subject to their direction and control ; and they are 
Authority to further authorized to pay such sums of money as may be necessary to 
pay expenses efiect the purposes of this Act out of any funds of the State not otherwise 
p . appropriated: Provided, That the expenses of such Financial Agency 

roviso. ggg^^ jjQ^ exceed the rates paid by other States for like services. 
Tax to he Sec. 6. That an annual tax, in addition to all other taxes, shall be 
levied. levied upon the property of the State, sufficient to pay the interest on the 



OP SOUTH CABOMNA. 19 

» 

loan hereinbefore authorized, at the times when such interest shall fall A. D. 1868. 
due. 

In the Senate House, the twenty-sixth day of August, in the year of 
our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANIQ^IN J. MOSES, Jr., Speaker House of Representatives. 

Approved: Robert K. Scott, Governor, 



AN ACT TO FIX THE Amounts op Official Bonds of certjun No. 15, 

County Officers. 

Section 1. Be it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same. That the following public officers of 
the Counties in this State, before receiving their commissions, shall enter 
into bonds, to be executed by said officers and any number of sureties, 
not exceeding twelve nor less than two, to be approved by a majority of Amounts of 
the Board of County Commissioners, that is to sav: Of the Probate bonds. 
Judge of Charleston County, ten thousand dollars ; of the Probate Judge 
of each of the other Counties, five thousand dollars ; of the Coroner of 
Charleston County, ten thousand dollars ; of the Coroner of each of the 
other Counties, two thousand dollars ; of the Clerk of the Court of Com- 
mon Pleas for Charleston County, twenty thousand dollars ; of the Clerk 
of the Court uf Common Pleas for each of the other Counties, ten thou- 
sand dollars; of the Sheriff of Charleston County, twenty-five thousand 
dollars ; of the Sheriff of each of the other Counties, ten thousand dollars ; 
of the County Treasurer of Charleston County, twenty thousand dollars ; 
and of the County Treasurers of each of the other Counties, ten thousand 
dollars. 

Sec. 2. That the bonds of all other public officers of the Counties shall in consist- 
be executed for the same amounts as now required by law ; and all Acts, ©nt Acts re- 
or parts of Acts, inconsistent with the provisions of this Act be, and the^®^^®^* 
Bfkme are hereby, repealed. 

In the Senate House, the ninth day of September, in the year of our 
Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 

Approved : Robert K. Scott, Governor. 



AN ACT TO determine and perpetuate the homestead. No. 16. 

Section 1, Beit enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assem- 
bly, and by the authority of the same, Whenever the real estate of any 



M> STATUTES AT LABGE 

A. D. 1868. head of a family residing in this State shall be levied upon by virkie of 
^*-">r"*^ any mesne or final process issued from any Court upon any judgment ob- 
The home- tained upon any right of action, whether arising previous or subsequent 
Rtead. ^ ^Yie ratification of the Constitution of the State of South Carolina, if 

the same be the family homestead of such person, the Sheriff or other 
officer executing said process shall cause a homestead, such as said per- 
son may select, not to exceed the value of one thousand dollars, to be set 
off to said person in the manner following, to-wit : He shall cause three 
Appraisers, appraisers to be appointed, one to be named by the creditor, one by the 
how appoint- ^ghtor, and one by himself, who shall be discreet and disinterested men, 
resident in the County, and shall be sworn by a Justice of the Peace to 
impartially appraise and set off, by metes and bounds, a homestead of 
the estate of the debtor, such as he may select, not to exceed the value 
Value. Qjp Qjjg thousand dollars ; and the said appraisers shall proceed accord- 
ingly to set out the homestead, and the set-off and assignment so made 
by the appraisers shall be returned by the officer, along with said pro- 
cess, for record in Court ; and if no complaint shall be made by either 
party, no further proceedings shall be had against the homestead, but the 
residue of the lands and tenements of the head of the family, if any 
more or other he shall have, shall be liable to attachment, levy and sale: 
Provisos. Provided, That upon good cause shown, the Court out of which the pro- 
cess issued may order a re-appraisement and re-assignment of the home- 
K^^appraise- steady either by the same appraisers or others appointed by the Court: 
And provided, further, That should the creditors or debtor neglect or re- 
fuse, after due notice from the officer executing the process, to nominate 
an appraiser, then said officer shall appoint the same. 
Sec. 2. Whenever the personal property of the head of any family re- 
Personal siding in this State is taken or attached by virtue of any mesne or final 
property. process issued from any Court, and said person shall claim the said prop- 
erty or any part thereof as exempt from attachment on account of the 
same being the annual product of his or her homestead, or as subject to 
exemption under the Constitution, and the creditor and debtor do not 
agree about the same, the officer executing said process shall cause the 
same to be ascertained, and all exempted property set out by appraisers 
appointed and sworn for the purpose, as provided in the preceding Sec- 
tion for setting out the homestead, subject to like limitations and pro- 
visions, and the residue, if any, shall be sold, which proceeding shall be 
\ stated in the officer's return of such process. • 

Sec. 3. The exemptions of Sections 1 and 2 of this Act shall not ex- 
xemp ions. ^^^ ^^ ^^ attachment, levy or sale on any mesne or final process issued 
to secure or enforce the payment of taxes or obligations contracted for 
the purchase of said homestead, or obligations contracted for the erec- 
tion of improvements thereon : Provided, The Court or authority issuing 
Provisos, said process shall certify thereon that the same is issued for some one or 
more, and no other, of said purposes : Provided, farther, The yearly pro- 
duct of said, homestead shall be subject to attachment, levy and sale to 
secure or enforce the payment of obligations contracted in the produc- 
tion of the same ; but the Court issuing the process therefor shall certify 
thereon that the same is issued for said purpose, and no other. 

Sec. 4. /The estate or right of homestead of the head of any family, 

Widows wid existing at his death, shall continue for the benefit of his widow and 

minors. minor children, and be held and enjoyed by them until the youngest 



OP SOUTH CAROLINJL M 

child is twenty-one years of age, and until the marriage or death of the A. X), 1868. 
widow, and be limited to that period ; but all the right, title and inter- 
est of the deceased in the premises in which such estate or right exists, 
except the estate of homestead thus continued, shall be subject to the 
laws relating to devise, descent, dower and sale, for payment of debts 
against the estate of the deceased. 

Sec. 5. When a widow or minor children are entitled to ah estate or 
right of homestead, as provided in the preceding Section, the same may 
be set off to the parties entitled by the Judge of the Probate Court, who 
shall appoint three disinterested persons resident in the County, who, 
having been duly sworn, shall proceed to appraise and set out, by metes 
and bounds, such homestead, and make return thereof to him. If no 
complaint shall be made against said appraisal and setting out of the 
homestead within twenty days thereafter, by any party' interested therein, 
or any good cause appear to the contrary, the same shall be confirmed 
by the Judge, and ordered accordingly. 

Sec. 6. Appraisers appointed to set out the homestead under this Act Compensa- 
shall receive as compensation two dollars per day each for such services, tion of ap- 
and the same shall be paid by the officer executing the process out of praisers. 
the property of the debtor ; or in case of the homestead set out to a 
¥ridow or minor children, out of the estate of the deceased by the execu- 
tor or administrator thereof. » 

In the Senate House, the ninth day of September, in the year of our 
Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jk., Speaker House of Representatives. 
Approved : Robert EL Scott, Governor. 



AN ACT TO CLOSE THE OPERATIONS OF THE BaNK OF THE StATE OF No. 17. 

South Carolina. 

Section 1. Beit enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same, That the Governor of the State is Governor au- 
hereby authorized and required, for and on behalf of the State, to taketl^^"^®^ ,*^ 
possession of all the real and personal estate, assets, choses in action, and p^g® o^assete" 
books of accounts of the corporation known as " The President and Di- 
rectors of the Bank of the State of South Carolina," in whose hands 
soever found, and sell at public auction, at such times, and upon such 
terms as he shall deem most advantageous to the State, all the real and 
personal estate, stocks, bonds of the corporation, and other assets of the 
said corporation, and the personal bonds, notes and bills of exchange 
owned by said corporation ; and all debts and choses in action due the 
sdid corporation, he shall place in the hands of the Attorney-General of Attorney- 
the State, with instructions to institute, in the name of the said corpora- General, 
tion, legal proceedings to collect the amounts so due as speedily as pos- 
sible ; and the proceeds of said sales, and of all collections made by the , 
Attorney-General, shall be deposited in the Treasury of the State, sub- deporited? * 
ject to the order of the Governor, who shall keep a distinct acpount 



38 STATUTES AT LARGE 

A.T). 1868. thereof, separate and distinct from the other accounts of the State, and 
'^*"S'^— ^ shall report the same to the next succeeding session of the Legislature : 
Proviso. Provided, always, That suits shall not be instituted upon any debts 
which, in the opinion of the Governor and Attorney-General, are value- 
less. 
Bills to be Sec. 2. That all bills issued by said corporation prior to the twentieth 
funded. day of December, 1860, be funded; and on the surrender and delivery of 

said bills to the Treasurer of the State, bonds of the State, payable 
within twenty years after date, with interest at six per cent, per annum, 
payable semi-annually at the agency of the State in the city of New York, 
shall be issued to the owner of said bills, in payment and redemption of 
the amount of said bills, and interest thereon, from the time when such 
bills were presented for payment, at six per cent, per annum : Provided, 
Proviso. That said bills shall be presented to the Treasurer before January 1, 1869. 
And the Governor of the State is hereby authorized and required to exe- 
cute and deliver said bonds, to be signed by him and countersigned by 
Pledges for the Treasurer ; and to the punctual payment of the principal and the in- 
payment of tereg^ Qf gai(j bonds the credit and faith of the State is hereby pledged : 
Provided, also, That said bonds shall not be presented to the oill-holders 
and executed before January 1, 1869. 
Sec. 3. That the eleventh Section of the Act of the General Assembly 
^^|Peal of of th^State, ratified the 21st day of December, 1865, entitled " An Act to 
raise supplies for the year commencing in October, 1865;*' be, and the 
same is hereby, repealed. 

Sec. 4. That the sixteenth Section of the Act ratified the 19th day of 
December, 1812, entitled " An Act to establish a Bank on behalf of and 
ftr the benefit of the State," and all Acts and parts of Acts which render 
the bills of said corporation receivable in payment of taxes and all other 
debts due the State be, and the same are hereby, repealed. ** 
. . Sec. 5. The Governor of the State of South Carolina is hereby author- 

pay expenses ^ *^ P^y *^^ expenses necessary to carry into effect the provisions of 
this Act out of any funds in the State Treasury not otherwise appro- 
priated. 
Sec. 6. All bonds or stocks authorized in this Act, or hereafter to be 
in desien^^Sf ^^*^^"^®^' shall be of uniform character in design ; and to secure this 
bonds. result, the Financial Agent in New York shall make all necessary ar- 

rangements for the same. 

In the Senate House, the fifteenth day of September, in the year of 
our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robert K. Scott, Governor. 



No. 18. AN ACT to provide for the temporary organization op the Ed- 
ucational Department op the State. 

Section 1. Be it enacted by the Senate and House of Representatives 
d^^o "e^u- ^^ *^® State of South Carolina, now met and sitting in General Assembly, 
cation. and by the authority of the same. The State Superintendent of Educi^ 



OF SOUTH CAROLINA. » 

tion, elected at the election held on the 14th, 15th and 16th days of A. D. 1868. 
April, 1868, shall continue in office for the term of four years. Before '*— *y-— ^ 
entering upon the duties of his office he shall give a bond in the sum of Bond, 
five thousand dollars, to the acceptance of the Grovemor of the State, con- 
ditioned that he will truly account for, and apply all moneys or other 
property which may come into his hands in his official capacity, for the 
benefit of common schools ; and that he will faithfully perform the duties 
enjoined upon him according to law. He shall receive as compensation Compensa- 
for his services the sum of two thousand five hundred dollars per annum, tion. 
payable as the salaries of all other State officers are paid. He shall also 
receive his actual cost of transportation when traveling upon public busi- 
ness. 

Sec. 2. The State Superintendent of Educatipn shall open an office, to office of 
be provided at the seat of Government, in which the bool^ and papers of state Super- 
his department shall be kept, and in which he shall give attendance intendent of 
when not absent on public business. All the records, books and papers ^^^*^***^°* 
of his department shall be kept with accuracy and system, and shall be 
open at all times to the inspection of the Governor of the State, or of 
such other persons as the Governor may delegate to perform that duty. 

Sec. 3. Immediately after this Act becomes a law, it shall be the duty Duties, 
of the State Superintendent of Education, to provide, through the School 
Commissioner of each County, for the enumeration of all the unmarried 
youth of the State, between the ages of five and eighteen years, classifying 
them as colored and white, male and female, and he shall report the same 
through the Governor of the State to the General Assembly at its next 
regular session. 

Sec. 4. The School Commissioner of each County shall, as soon as this County 
Act becomes a law, proceed, under the direction of the State Superintend- School Oom- 
ent of Eduction, to make an enumeration of the youth of his County as^^^-j^J^^®^* 
provided for in Section third of this Act ; and if before said enumera- 
tion is completed his County shall have been divided into townships by 
Act of the General Assembly, it shall be his duty to state in his report to 
the State Superintendent of Education the school population of each 
township, as well as the total number of youth in his County. 

Sec. 5. T-^e School Commissioner for Charleston County shall, in mak- Charleston 
ing his return to the State Superintendent of Education, give the school County, 
population of each ward in the city of Charleston. 

Sec. 6. The School Commissioner for each County shall report to the County 
State Superintendent of Education the number of public schools existing Sdiool Com- 
in his County, the number of pupils attending such schools, classified as^p^^"^ 
colored and white, male and female. He will also state by whom said 
schools are supported, the number of school houses, their condition, and 
by whom they are owned. The County School Commissioner shall make 
this report at the same time he makes his r^um to the State Superin- 
tendent of Education of the enumeration required in Section fourth of 
this Act. It shall be the duty of the State Superintendent of Education Keporta how 
to confiolidate the reports received from the County School Commis- disposed of. 
sioners, and to forward them to the General Assembly at its next regular 
session. 

Sec. 7. The School Commissioner of each County shall receive as com- Compensa- 
pensation for his services a per diem of four dollars for each day actually tion. 
and necessarily employed in the performance of the duties prescribed in 



94 . STATUTES AT LARGE 

A. D. 1868. this Act, together with his necessary cost of transportation : Pr&mdedf 

^— ^^v'^*^ That no account of any County School Commissioner for services ren- 

Proviso. dered shall be paid until said Commissioner shall have certified, under 

oath or affirmation, that said account is just, and that it was incurred in 

the actual performance of his duties as School Commissioner. 

Sec. 8. The Governor of the State is hereby authorized to employ sudi 
Assistants, assistance as may be needed in the several Counties in making the afore- 
said enumeration : Provided, That no person so employed sha.ll receive 
. • more than two and one-half dollars per day for his services : And pro- 
Provisos. Medy further, That no account of any person so employed shall be paid 
unless its correctness is certified, under oath or affirmation, by the Sc3iool 
Commissioner of the County in which such person is employed. 
Sec. 9. The State Superintendent of Education and the County School 
Other duties. Commissioners shall, in addition to the duties prescribed. in this Act, per- 
form such other duties as may hereafter be prescribed by law. * 

In the Senate House, the fifteenth day of September, in the year rf 
our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representative^ 
Approv-ed : Robert K. Scott, (Jovernor. 



No. 19. AN ACT to remove the Cot/kty seat of Beaufort County fbok 

GiLLISONVILLE TO THE TOWST OF BeAUFORT. 

Section 1. Beit enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 

records ^^^ ^^and by the authority of the same. That in pursuance of a resolution 
passed by the late Constitutional Convention, that the court house and all 
the public records of Beaufort Countjr be removed from Gillisonville to 
the town of Beaufort, and that the said town of Beaufort shall hereafter 
be the County seat of Beaufort County. 
. . Sec. 2. That Henry Stuart, H. G. Judd and D. L. Thompson be, and 

w iSpointod ^^® hereby, appointed a Commission to superintend the removal of the 
said records and County seat, and to obtain a building or buildings in 
the town of Beaufort ; and the said Commission shall enter upon sai<j 

Their duties, d^ty as soon as the citizens of the town of Beaufort shall give good and 
sufficient security that they will bear all the expense of such removal, 
and that they will furnish good and sufficient building or buildings for 
County purposes ; and th^ said Commission shall report their action to 
the next session of this General Assembly. 

In the Senate House, the fifteenth day of September, in the year of 
our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatir* 
Approved: Robert K. Scott, GovernQr* 



OP SOUTH CAROLINA. . 25 

AN ACT TO AUTHORIZE ADDITIONAL AID TO THE BlTJE EiDGE RaIL- A. D. 1868. 

ROAD Company in South Carolina. *— ^^.-.^ 

No. 20. 

Whereas, the General Assembly of the State, of South Carolina, by an 
Act passed the twenty-first day of December, in the year of our Lord I*reamble. 
one thousand eight hundred and fifty-four, and entitled " An Act to au- A6t of 1854. 
thorize aid to the Blue Ridge Railroad Company in South Carolina," 
provided, " that the faith and funds of the State of South Carolina be, 
and the same are hereby, pledged to secure the punctual payment of any 
contracts which shall be made for borrowing money by the Blue Ridge 
Railroad Company in South Carolina, from any person or persons, com- 
pany or companies, corporation or corporations, to any amount not ex- 
ceeding one million of dollars, either in the United States or Europe ; 
and when such contracts shall be made by bond or bonds signed by the 
President of the company, under its seal, and countersigned by the Sec- 
retary or Treasurer thereof, it shall be the duty of the Comptroller-Gen- 
eral to endorse thereon that the faith and fiinds^of the State are pledged 
to the faithful performance of said contract or contracts, as it respects 
the punctual payment both of the principal and interest, according to the 
terms of the said contract or contracts : Provided, That certain condi- 
tions particularly recited in Section seven of said Act be first executed." 
And the said Blue Ridge Railroad Company in South Carolina secured 
the said endorsement by a mortgage of all their property in the States 
of South Carolina, Georgia, North Carolina and Tennessee, duly exe- 
cuted and recorded ; and whereas, the Comptroller-General of the State 
has not endorsed any of the bonds issued by the said Blue Ridge Rail- 
road Company in South Carolina, under the authority of said Act ; and 
whereas, the conditions imposed upon said endorsement by said Section 
seven, have become impossible and injudicious, while the necessity of the 
completion of said road has become more urgent in the interest of the 
State; therefore, 

Section 1. Be it enacted by the Senate and House of Representatives of 
the State of South Carolina, now met and sitting in General Assembly, and 
by the authority of the same. Without reference to the said provisos and 
conditions, whenever any contract or contracts may be made by the 
President of the said company, under its seal, and as provided by said j^j. .^G^eral 
Act, and not exceeding one million of dollars, it shall be the duty of authorized 
the Comptroller-General to endorse thereon that the fiaith and funds oi^ endorse 
the State are pledged to the faithful performance of the said contract or ^Siount^ of 
contracts, as respects the punctual payment both of the principal and in- $1,000,000. 
terest, according to the terms of the said contract or contracts : Provided, 
That so much of said issue as may be necessary, not exceeding three Proviso. 
hundred thousand dollars, shall be applied to the redemption of the present 
bonded debt of the said company. 

Sec. 2. That the faith and the funds of the State of South Carolina yj^jti^ ^^j^^ 
be, and the same are hereby, pledged to secure the punctual payment of funds of the 
any contracts which shall be made by the Blue Ridge Railroad Com- State pledged 
pany in South Carolina, from any person or persons, corporation or cor-p^y^^^^^ ^^^ 
porations, to an additional amount, not exceeding three millions of bonds to the 
dollars, either in the United States or Europe; and when such contracts a ^ouiu of 
shall be made by bond or bonds, signed by the President of the said *'^'^^^- 
company, under its seal, and countersigned by the Secretary or Treasurer 
4 



26 STATUTES AT LARGE 

A.'D. 1868. thereof, it shall be the duty of the Comptroller-General of this State to 
^— "v"*^ endorse thereon, that the faith and funds of the State of South Carolina 
are pledged to the faithful performance of the said contract or contracts, 
as it respects the punctual payment both of the principal and interest, 
Provisos according to the terms of said contract or contracts : Provided, That the 
interest made payable thereon shall not exceed seven per cent, per an- 
num, in quarterly or half yearly payments. And that as soon as the 
Comptroller-General shall have made any such endorsement on any such 
contract, the whole estate, property and funds in the States of South 
Carolina, Georgia, North Carolina and Tennessee, which the said com- 
Propertyofpany may then possess, or shall afterwards acquire, sl^all thenceforth 
tlje company stand pledged and mortgaged to the State, without any further act or 
Statf for the ^®®^ ^^ *^® P^^ ^^ *^® company, for the faithful and punctual perform- 
faithful per- ance on the part of said company, of such contract, in priority and pre- 
formance of ference of any other debt which the said company may thereafter create 
contracts. ^^ incur: And further provided, That the said bonds or any part thereof 
shall not be used unless upon the express condition that upon applica- 
tion to the Congress of the united States, or to private capitalists, the 
amount of three millions of dollars in currency, or so much of that sum 
as may be necessary, shall be ftimished in exchange or upon the security 
of said bonds. 
Directors. ®^^- ^' "^^^ ®*^^ company shall have the right to increase the Board 
of Directors to fifteen members, of which Board the Governor of the 
State shall be ex officio a member; that there shall be an additional 
Vice-Presi- officer to be known as Vice-President, whose duties and salary shall be 
dent. prescribed by the Board ; and that in all future meetings of the stock- 

Governor to 1^<>1^®^ ^^ said company, the Governor of the State is hereby authorized 
represent the to represent the stock of the State, either in person or by the appoint- 
stock of State ment of proxies. 

. , Sec. 4. The Governor of the State is hereby authorized to advance to 

company of^he said company twenty thousand dollars from the Treasury of the 
$20,000 au- State, to repair and keep in working condition the said road, if such 
thorized. amount should be necessary, in his opinion. 

Sec. 5. Be it further enacted. That all provisions of the charter of the 
Inconsistent ]31ug Eidge Railroad Company, and all Acts or parts of Acts inconsist- 
csrepeae ^nt with this Act, be, and the same are hereby, repealed. 

In the Senate House, the fifteenth day of September, in the year of 
our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robert K. Scott, Governor, 



No. 21. AN ACT to punish persons wqp may attempt to hold office by 

AUTHORITY OF THE LATE PROVISIONAL GrOVERNMENT. 

Section 1. JBe it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in Greneral Assembly, 
and by the authority of the same, That no person elected or appointed 



OP SOUTH CAROLINA. 27 

to any office under or by authority of the lAte Provisional Gk>vemment A. D. 1868. 
of this State, and who has been removed by military authority, or who ^— ^v^-^ 
has been superseded before the expiration of the term of his office by Officers su- 
persons duly elected by authority of, or in consequence of, the Eecon- P^^seded. 
struction Acts, or under the new Constitution of this State, shall hold, or 
attempt to hold, the office, and exercifee the functions thereof, from which 
he was removed, or in which he was superseded. 

Sec. 2. A violation of the foregoing Section of this Act shall, upon Penalty. 
conviction thereof, subject the offender to a fine of not less than one 
thousand dollars, and imprisonment, at hard labor, in the Penitentiary 
for not less than one year. 

Sec. 3. The monisy accruing from fines for violation of this Act shall To school 
be added to the school fund of the State. ^"^^• 

Sec. 4. If any person prohibited from holding or attempting to hold attempt to 
office, as prescribed in Section 1 of this Act, shall attempt to draw a draw salary 
salary, or receive fees by virtue oi his claim to the office which he is punishable. 
therein prohibited to hold, such person so offending^ shall be subject to 
the penalties prescribed in Section 2 of this Act. 

Sec. 5. All Acts or parts of Acts conflicting with the provisions of 
this Act are hereby declared of no effect. 

In the Senate House, the fifteenth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES Jr., Speaker House of Representatives. 
Approved : Robert K. Scott, Governor. 



AN ACT PROVIDING FOR THE ASSESSMENT AND TAXATION OP No. 22. 

PROPERTY. 

Section 1. Beit enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same. That all real and personal property in 
this State, and personal property of residents of this State, which may Property 
be kept or used temporarily out of the State, with the intention of bring- ^* ®' 
ing the same into the State, or which has been sent out of the State for 
sale and not yet sold ; all moneys, credits, investments in bonds, stocks, 
joint stock comjpanies, or otherwise,' of parties resident in this State, shall 
be subject to taxation. j^^JL^t^ - 4 

Sec. 2. The phrase " real property," as used in this Act, shall be held Meaning of 
to mean and include not only land, city, town and village lots, but all "real^ prop- 
things therein contained, and all structures and other things so annexed ^^^^' 
or attached thereto, as to pass to the vendee by the conveyance of the 
land or lot. The phrase "personal property," as used in this Act, shall "Personal 
be held to mean and include all things, other than real estate, which property.' 
have any pecuniary value, and moneys, credits, investments in bonds, 
stocks, joint stock companies, or otherwise. The term "moneys" or. "Moneys. 
" money," as used in this Act, shall be held to mean and include gold, 



28 BTATDTES AT LAEGB 

A. D. 1868. silvery and other ooin, bank bills, and other bills or notes, authorized to 
^-'•v-*^ be circulated as money, whether in possession or on deposit subject to the 
draft of the depositor or person having the beneficial interest therein on 
" Credits." demand. The term " credits," as used in this Act, shall be held to mean 
the remainder due, or to become due, to a party after deducting from 
the amount of all legal debts, claims and demands in his £Eivor, the 
amount of all legal debts and demands against him, whether such de- 
mands be payable in money, labor or other valuable things. But in as- 
certaining such remainder, no deduction shall be made of any obligation 
to any mutual insurance company, given for insurance, nor of any sub-, 
scription to the capital stock of any joint stock company, nor of any 
taxes assessed against the party, nor of any subscription to any religious, 
scientific, literary or charitable purpose, nor of any acknowledgment of 
a liability not founded on a legal and valuable consideration, nor any 
more of any joint liability with others than the party honestly believes 
he will be compelled to pay, nor any contingent liability, nor of any ac- 
knowledgment of debt or liability made for the purpose of diminishing 
*' Invest-*^® amount of credit to be returned for taxation. The phrase " invest- 
ments in ments in bonds," as used in this Act, shall be held to mean all invest- 
bonds." ments of money or means in bonds of whatsoever kind, whether issued 
by the Government of the United States, or of this or any other State or 
Territory of the United States, or any foreign Government, or any 
County, city, town, township or other municipality, or by any corporation 
"Invest- O'' company of this or any other State or country. The phrase " invest- 
ments in ments in stocks," as used in this Act, shall be held to mean and include 
stocks." all investments of money or means in the evidences of indebtedness, 

other than bonds or bills designed to circulate as money, issued by any 
government or municipality, and shares of the capital of any corpora- 
tion, company or association, and every interest in any such shares or 
portion thereof; also, all interests or shares in ships, boats or other ves- 
sels, used or designed to be used exclusively or partially in navigating 
the waters within or bordering on this State, whether such ship, boat or 
vessel be within the jurisdiction of this State or not, and whether such 
vessel be registered or licensed at any Collector's office in this State or 
"Oath." not. The word " oath," as used in this Act, shall be held to mean and 
" Person " include an affirmation duly made. The words " person " and "party," 
and "party." and other word or words importing the singular number, as used in this 
Act, shall be held to include firms, companies, associations and corpora- 
tions ; and all words in the plural number shall apply to single indi- 
viduals, in all cases in which the spirit and intent of this Act requires it. 
All words in this Act importing the masculine gender, shall apply to fe- 
males also ; and all words in this Act importing the present tense, shall 
apply to the future also. 
Exempt. - Sec. 3. The following property shall be exempt from taxation, to-wit : 
Public 1st. All public schools and the grounds, not exceeding in any case 
schools. three acres, upon which such buildings are or may be erected. 
Churches ^^* ^^^ hoUses used exclusively for public worship, the books and fur- 
niture therein, and the grounds upon which the same are or may be 
erected, not exceeding in any case two acres. 
Institutions 3d. AH incorporated public colleges, academies, and institutions of 
of learning, learning, with the funds provided for their support, and the grounds and 
buildings owned by them, and not used with a view to pecuniary profit ; 



\ 

> 



OP SOUTH CAROLINA. 89 

but this provisibn shall not extend to leasehold estates held by others A- ^' 1868. 
under the authority of any college or other institution of learning. "-^"v-^-^ 

4th. All real and personal property, the rents, issues, incomes and 
profits of which have been or shall be given to any city, town, village. Endowments 
school district or sub-district in this State, exclusively for the endow- 
ment or support of public schools therein, so long as such property, or 
the rents, issues, incomes or profits thereof shall be used or applied ex- 
clusively for the support of, free education in said schools, by such city, 
town, village, district or sub-district. 

5th. All grave-yards or cemeteries, except such as are held with a Cemeteries. 
view to profit or speculation in the sale thereof. 

6th. All property owned exclusively by the United States or this U. S. & State 
State. ^ property. 

7th. All buildings owned by Counties and used exclusively as court County 
houses, jails, or public offices, with the grounds on which such buildings buildings. 
axe or may be erected, not exceeding ten acres in any County. 

8th. All lands, houses, fixtures and property owned by any County or Poor houses, 
city, and used exclusively for the support of the poor. *^^* 

9th. All property belonging to institutions of purely public charity, Charitable 
and used exclusively for the maintenance and support of such institu- institutions. 
tions. 

10th. All fire engines and other implements used in the extinguish- Fire engines, 
ment of fires, with the buildings and grounds used exclusively for the *^^ property 
keeping and preservation thereof, when owned by any city, town or vil- S^?|to.*^^^^^ 
lage, or any fire company organized therein. 

11th. All public squares or grounds and market houses owned by any public 
city, village or town, and used exclusively for public purposes. grounds. 

12th. All city, village and township halls owned and used exclusively pu^iic halls 
for public purposes, by any city, village or township. 

13th. All water works to supply water for the use of a town or city, Water works 
the machinery and fixtures connected therewith, and the grounds occu- 
pied thereby, when owned by any city or village. 

14th. All bonds of this State which, by the terms of the Act under Bonds of 
which they are or may be issued, are or may be exempted from taxa- ^^^ State. 
tion. " 

15th. All bonds and stocks of the United States, which are not au- xj. S. bonds, 
thorized by the laws of the United States to be taxed under State au- 
thority. 

16th. All rents accruing from real estate which shall not become due Rents. 
within two months after the first day of September of the year in which 
taxes are to be assessed thereon. 

17th. All of any annuity not payable on or before November first of Annuities. 
the year for which taxes are to be assessed thereon. 

18th. All pensions payable to any person by the United States, or any Pensions. 
State of the United States. 

19th. All shares of the capital stock of any company or corporation, Shares. 
which is required to list its capital and property for taxation in this 
8tate. 

20th. All the wearing apparel of the person required to make return, Wearing ap- 
and his family. parol. 

21st Articles actually provided for the present subsistence of the per- Subsistence. 
son or his femily, to the value of one hundred dollars. 



30 STATUTES AT LARGE 

A. D. 1868. Sec. 4. Every person of ftiU age and of sound mind, except married 
**-*->'—-' women, shall annually list for taxation the following personal property. 
Personal pro- to-wit : 

perty taxed. ^g^ ^jj ^Yie tangible personal property in the State owned or Cott- 
le *^^ »***«• trolled by him. 

2d. All the tangible personal property owned by him or other residents 
but of the ^^ South Carolina and under his control which may be temporarily out of 
State. the State, but is intended to be brought into the State. ' 

3d. All tangible personal property ovmed or controlled by him whieli 
may have been sent out of the State for sale and not yet sold ; and, 
Moneys ^^^' ^^^ *^® moneys, credits, investments in bonds, stocks, joint stock 
credits, &c. ' companies, or otherwise owned or co|;itrolled by him, whether in or out of 
this State. The property of every ward shall be listed by his guardian ; 
listpropertv ^^ ^very minor child, having no other guardian, by the father, if living ; 
' if the father be dead, by the mother, if living ; if the mother be dead or 
married, by the person having it in charge ; of the wife, by the husband, 
if living and sane, and the parties are residing together ; if the husband 
be dead, or is insane, or is not living with his wife, by the wife ; of every 
person for whose benefit property is held in trust, by the trustee ; of every 
deceased person, by the executor or administrator ; of those whose prop- 
erty or assets are in the hands of receivers, by such receivers ; of every 
firm, company, body politic or corporate, by the President or principal 
accounting^omcer, partner or agent thereof ; of all persons in the hands 
or custody of any public ofiicer or appointee of a Court, by such officer 
or appointee ; of those absent or unknown, by thei r ag ent or the person 
hayingjit in charge ; of lessees of real property, by sucniessees. 
Separation Sec. ST^S^ll persons required by this Act to list property for others shall 
of lists -by list it separately from their own, and in the name of the owner thereof; 
trustees, &c. ^^^^ shall be personally responsible for the taxes thereon for the year in 
which they list it, and may retain so much thereof, or the proceeds of the 
sale thereof, in their own hands as will be sufficient to pay such taxes. 
Sec. 6. All horses, neat cattle, mules, asses, sheep, hogs, wagons, carts 
Where pro-*"-^^ other vehicles used in any biisiness; furniture and supplies used in 
perty sliafi be hotels, restaurants, and other houses of public resort; aU^perBonul prop- 
returned and'erty used in, or in connection with, storehouses, manufactories^ warehouses 
or^other^places of l)usiiiesST''all*personaI "property on farms ; all merchants' 
and manufacSifersrstoJk and capital, shall be returned for taxation and 
taxed in the township, city, village and town in whic h it_ is situated ; all 
bankei^ capital ai&ra^pe^^TiSIIiSsStSrpertainmg to their bankmg business, 
in the city, township, town and village in which the banking house is 
located; all shares of stock in incorporated banks located in this State, 
in the city, township, town and village where the bank is located ; all 
property of deceased persons shall be returned for taxation at the resi- 
dence of the executor, or administrator, if in the County where adminis- 
tration may be legally grantable ; but if the executor or administrator 
reside out of such County, at the County seat of such County, until dis- 
tribution thereof and payment may be made to the parties entitled 
thereto; and all other jpersonal property shall be returned for taxation, 
and taxed aTtlTe^ace where ithe owner thereof shall resTde at the time 
of lislmg 'the same, if the owner reside in this State ; if not, at the resi- 
dence of the person having it in charge ; and all real estate shall be 
taxed in the County, city, ward and township where it is located. 



OF SOUTH CAROLINA. 31 

Sec. 7. Every person required by this Act to list property shall, an- -A.. D. 1868. 
nually, between the first daj^ of September and the twentieth day of Octo- ^— — v"*^ 
ber, make out and* deliver to the Assessor of the township or ward in Returns of 
which the property is, by this Act, to be returned for taxation, a state- perty!^* ^^^ 
ment verified by his oath, of all the personal property possessed by him 
or under his control on the^first day of September of that year, either as 
owner, agent, parent, husband, guardian, executor, administrator, trustee, 
receiver, oflS^cer, partner, factor or holder, with the value thereof on said 
first day of September, at the place of return, estimating according to the 
rules prescribed by this Act, which statement shall set forth : Returns sBall 

1st. The number of horses and their value. ^®^ forth. 

2d. The number of neat cattle and their value. 
3d. The number of mules and asses and their value. 
4th. The number of sheep, goats and their value. 
5th. The number of hogs and their value. 

6th. The value of gold and silver plate and number of gold and silver 
watches and their value. 

7th, The number of piano fortes, melodeons, cabinet organs and their 
value. 

8th. The number of pleasure carriages and their value, 
9th. The number and value of dogs. 

10th. The value of goods, merchandise, moneys and credits pertaining 
to his business as a merchant. 

11th. The value of materials received, used or provided to be used in 
his business as a manufacturer. 

12th, The value of all machinery, engines, tools, fixtures and imple- 
ments used or provided for his use in his business as a manufacturer, and 
of all manufactured articles on hand one year or more. 

13th. The value of moneys, including bank bills and circulating notes. 
14th. The value of all credits. 

15th. The value of investments in the stocks of any company or cor- 
poration out of this State, except National Banks. 

16th. The value of all investments in bonds, except bonds of the United 
States and this^BtateexprSsly exempted from taxation. 

17th. The annual value 6P all leases except permanent leases. 
18th. The value of all other property. 

Sec. 8. Any person who shall, at any place in this State, be engaged in Mer/jhants. 
the business of buying and selling personal property, or in selling per- 
sonal property consigned to him from any place out of this State, or 
property not the product of this State, consigned to him from any place 
within this State, shall be held to be a merchant ; and at the same time 
he is required to list his other personal property, shall deliver to the As- 
sessor of the township or ward in which his place of business is situated, 
a statement, under his oath, of the average monthly value of the personal 
property, moneys and credits pertaining to his mercantile business ; to as- -j. 
certain which, he shall set down the value on hand on the first day of makSgstate 
September of the preceding year, or other time of commencing business ment. 
during the year, add thereto all purchases, when made at cost, ascertain 
the average value on hand for the month, deduct the average amount of Monthl: 
sales for the month, at cost, and the remainder shall be the average .on sales. 
hand for that month ; and, in like manner, ascertain the average value 
for each month down to the first day of September of the year in which 



32 STATUTES AT LARGE 

A. D. 1868. the return is to be made, add together such monthly values, divide the 
^— ^^v^*^ aggregate by the number of months he has been in business during the 
preceding year as aforesaid, and to the quotient add the moneys and 
credits on hand the first day of September of the year in which the return 
is made, and the product of this last addition shall be the sum upon which 
he shall pay taxes for the year in which the return is made. 
Manufactu- ^^^' ^' Every person engaged in making, fabricating or changing 
rers. things into new forms for use, or in refining, rectifying or combining dii- 

-^ ferent materials for use, shall be held to be a manufacturer, and shall, at 

making state- *^® same time he is required to list hia other property, make and deliver 
ment. to the Assessor of the township or ward in which his place of business is 

^ . . situated, a statement of the average value, estimated as provided in the 
preceding Section, of all articles purchased, received, or otherwise held 
for the purpose of being used by him in his business at any time during 
the year preceding the first day of September of the year in which the 
return is made ; and he shall also list, at their full value, all machinery, 
tools, implements, fixtures and engines, used or purchased for use in his 
business, (except such as have been appraised for taxation, as part of the 
realty,) together with all manufactured articles which have been on hand 
and remained unsold for one year or more prior to the first day of Sep- 
tember of the year in which the return is made ; also, all the moneys and 
credits pertaining to said business, on hand on said first day of Septem- 
Proviso. l>er : Provided, That all materials provided for use in said business shall 
be estimated as on hand until sold, or remain on hand in a manufiEietured 
state for one year. 
Tur 'ke ^^^* ^^' ^^® T^^^ bed, right of way, station buildings, toll houses, 
plank roadsl structures, tools, machinery, poles, wires, fixtures, vessels and real estate, 
telegraphs, owned and necessarily in daily use by any turnpike, plankroad, bridge, 
com^ ^**^^^ telegraph, canal or slack water navigation company, in the prosecution of 
its business, shall, for the purposes of this Act, if the company be organ- 
ized in this State, be held to be personal property, and the President, 
Secretary, or principal accounting officer thereof, shall include the value 
thereof in return of the other personal assets of such company for taxa- 
To make re- tion ; which return shall be made in the month of Septem ber, 6r before 
SoctobT/*^® twentieth of October, annually, to fhg-'gevcrail'Aumiora'of the Coun- 
* ties in irtltCh^SUieh road, canal, bridge, telegraph line, or slack water nav- 
Asaets' igation may be situate, according to the value of such property in each, 
together with a statement of the amount of such assets situate in each 
township, city, village or ward of said Counties, respectively ; and the 
value of the movable assets of such company shall be apportioned to each 
township, city, ward or village, in proportion to the value of the road 
bed, canal, slack water navigation, bridge or telegraph line in each. 
Railroads. Sec. 11. The President and Secretary of every railroad company whose 
Presidents *^^^^ or road bed, or any part thereof, is in this State, shall, annually, 
and Secreta- between the first of September and twentieth of October^ return to the 
murns t^ the ^^^*^^ ^^ ^***®' under their oaths, the total length of said road, the 
Auditor of *^^1 length of said road in this State, and the length thereof in each 
State. County, township, city and incorporated village in this State, the total 

length of their double track in this State, and the length thereof in each 
County, township, city and incorporated village of this State, the total 
length of all their side tracks, and the length thereof in each city. County, 
township and incorporated village in this State ; the location and value 



OF SOUTH CAROLINA. 33 

of all their shops, depots, grounds, station houses, wood and water sta- A. D. 18G8. 
tions, buildings, stationary engines, tools, implements and fixtures in 
South Carolina, and all other real estate necessary to the daily running 
operations of the road ; the number and value, each, of all their locomo- 
tive engines, passenger, freight, platform, gravel, construction, hand, and 
other cars ; the value of their moneys and credits ; the total value of the 
entire road appurtenances and equipments, and the total value of said 
road in South Carolina, with its appurtenances and equipments. 

Sec. 12. The President and Secretary of every railroad company men- Returns to 
tioned in the preceding Section, shall also, annually, between the first of County Au- 
September and the twentieth of October, return to the County Auditor of ^^*^^'*- 
each County in South Carolina, through or into which such road, or any 
part thereof, may be located, a statement of the value of said road, and , 
the property of the company in said County, and in each of the town- 
ships, cities and villages of said County, through or into which said road, 
or part thereof, is located, in. the manner and form required by this Act, 
in the return to the Auditor of State. 

Sec. 13. In ascertaining the value of the road and property of any 
railroad company, the value of the right of way, bed and track of the ^"^l^^ation. 
whole road shall be fixed, and such value apportioned pro rata to each 
mile of the main track ; and to the value of the number of miles of main 
track in each township, city and incorporated village of each County in 
this State, through and into which said road is located, shall be added 
the value of the real estate, fixtures, stationary engines, tools, Implements, 
machinery, and other stationary property provided for use in the daily 
operations of the road, situate in said township, city or village, and the 
total value of the rolling stock, moneys and credits, shall be apportioned 
pro rata to each mile of the main track of said road, and the amount 
thereof, according to the number of miles of main track in each town- 
ship, city and village in this State, added to the value of the main track 
in such township, city and village, respectively ; and the aggregate value 
of said road and property in this State, and in each County, city, town- 
ship and incol'porated village of this State, through or into which said 
road is located, shall be stated in said return. 

Sec. 14. The return and oath required by this Act of officers of rail- Form of re- 
road companies, shall be made in such form as shall be prescribed by the turns. 
Auditor of State. 

Sec. 15. If any railroad, its appurtenances, equipments, &c., shall be Receivers to 
in the hands of a receiver or other officer, such receiver or other officermake returns 
shall make the returns required by this Act. 

Sec. 16. The Auditor of State, or any person appointed by him for Powers of 
that purpose, may put any question, in writing, he may deem proper, to Auditor. 
any officer, agent or receiver of any railroad company having any por- 
tion of its track in this State ; and he may summon any officer, receiver 
or agent of such company to appear before him and testify, under oath, 
(which oath said Auditor is authorized to administer,) touching such rail- 
road company's property, and the management and disposition thereof ; and 
he may, by himself or some person appointed by him, examine the books 
and papers of such company, in the hands of the company, or any of its 
officers, agents or receivers ; and all such officers, agents and receivers i 

shall answer, under oath, all such questions as shall be put to them, or 
either of them, by said Auditor, or any person appointed by him for that 
5 



i 



34 STATUTES AT LARGE 

A. D. 1868. purpose, relative to the condition, amount and value of said company's 
^^-^^-"^^ property, and the management or disposition thereof; and if any such 
officer, receiver or agent shall refuse or neglect to appear before said Au- 
ditor, or the person appointed by him, or to answer any question put to 
him or them, as aforesaid, or submit the books and papers aforesaid for 
examination, in manner aforesaid, he shall be deemed guilty of a misde- 
meanor, and upon indictment and conviction therefor, in the Court of 
General Sessions for any County, (which Court shall have complete and 
full jurisdiction in all such cases,) shall be fined in any sum not exceed- 
ing five hundred dollars, and costs of prosecution, and confined in the 
jail of said County until he answers all questions which may be put to 
him by the Auditor of State, and until said fine and costs be paid. 
State Board Sec. 17. The Auditor of State, Treasurer of State, Secretary of State, 
tion^^o?^The Comptroller-General and Attorney-General of the State, shall constitute 
property of a State Board of Equalization, (a majority of whom shall constitute a 
railroad com- quorum for the transaction of business,) who shall meet at the office of 
panies. ^^le Auditor of State, at the capital, on the second Wednesday of Novem- 

ber, annually, and equalize the value of the property of ^ railroad compa- 
Its duties. jjj[gg YfiiQQQ roads are wholly or partially in this State, as returned to the 
Auditor of State under the provisions of this Act, by increasing the value 
of the roads and property of such companies as shall have been, in their 
judgment, returned at too low a valuation, and diminishing the valu^ of 
Records to such as may have been returned at too high a valuation. They shall 
be kept by keep a record of their proceedings, which shall be signed by all themem- 
S'^St^e ^^**^^ ^^^ present, and deposited with, and kept by, the Auditor of State ; and 
a majority of the members present shall be competent to decide all ques- 
tions which mav come before said Board. 
Certificates Sec. 18. The Auditor of State shall certify to the County Auditor of 
to the County each County in which any railroad, or part thereof, may be located, the 
&ta4 Audito valuations of railroad property in said County, as returned to him, with 
all additions made to, or deductions from, the valuation of the property 
of any railroad company in said County by the State Board of Equaliza- 
tion ; and the County Auditor shall charge the railroad company in the 
several townships, cities and incorporated villages of their County, for 
taxation, with the valuations returned by such company or companies, 
after adding thereto or deducting therefrom the amounts directed by the 
Auditor of State. 
Failure^ of Sec. 19. If any railroad company, or its officers, shall fail to make the 
railroad com- returns to the Auditor of State required by this Act, on or before the 
make returns twentieth day of October, annually, the State Board of Equalization shall 
proceed to ascertain the value of said company's road and property, ac- 
cording to the principles prescribed in this Act, from the best information 
Penalties. ^Yiey can conveniently obtain, and add thereto fifty per centum as penalty, 
ana apportion the same to the several Counties, townships, cities and in- 
corporated villages, through or into which said road, or any part thereof. 
State Audi- may be located. And the State Auditor shall certify the same to the 
tor shall cer- geyeral County Auditors, who shall place the same on their duplicates for 
ty Auditors. ' taxation ; and if any such company, or its officers, shall fail to make the 
return to any County Auditor required by this Act, the State Auditor 
shall ascertain the amount properly chargeable to such company in said 
County, and certify the same to the proper County Auditor, adding ten 
dollars thereto as penalty, (the whole of which penalty shall be paid luto 



OP SOUTH CAROLINA. 85 

the State Treasury,) and the County Commissioner shall charge such ^- ^- 1868. 
company, in the proper municipalities, with the taxes on the value so '*— *y— -^ 
certified by the State Auditor, and charge said company on the duplicate, County Com- 
geparately, with said ten dollars, without charging any taxes thereon, and ^^ssioners. 
the County Treasurer shall pay the same into the State Treasury at his 
first annual settlement after the collection thereof. 

Sec. 20. Any person or persons, company or corporation, engaged in 
the business of conveying to, from, or through this State, or any part Ex|)res8 corn- 
thereof, moneys and other personal property, shall be held to be an ex- panics. 
press company; and any person or persons, company or corporation, 
engaged in the business of transmitting messages to, from, or through this 
State, or any part thereof, shall be held to be a telegraph company ; and Telegraph 
any such company, having its principal office out of this State, shall, an- ^^"^P^^^^s- 
nually, in the month of September, or before the twentieth of October, 
by its principal agent in this State, make out and deliver to the State rp^ make re- 
Auditor, a statement, under oath, showing the value of all its personal turns to State 
property in this State, including poles, wires, batteries, machinery, ma- Auditor. 
terials and apparatus, and the Counties, cities, townships and incorporated 
villages in which the same naay be situate, together with the gross earn- 
ings of said company in ^his State, for business done in this State the 
ye-ar ending the first day of that month, and the company's proportion of 
receipts for business done in connection with the lines of other companies 
out of this State, from the aggregate of which shall be deducted the 
amount paid out of any such express company to railroad and other 
transportation companies in this State, for transporting the property car- 
ried over said transportation lines in this State, and which statement sHall 
show the value of said property and receipts, after making the deduction 
aforesaid, by any §uch express company in each County, township, city 
and incorporated village in which such express company has an agency 
or agencies, and from which aggregate shall be deducted, by any such 
telegraph company, the expenses of the office in this State, to which all 
other agencies of the company in this State are required to make returns, 
except rents and officers' salaries ; and which statement shall also show 
the aggregate value of the property and receipts aforesaid, after making 
the deduction aforesaid in each County, city, township and incorporated 
village in which such telegraph company may have an agency or agen- 
cies ; and said company, by its said principal agent, shall, also, between 
the first of September and twentieth of October, annually, deliver to the _ 
Auditor of each County in this State, in whose County such company County^^Au- 
may have an agency or agencies, a statement of the proportion of the net ditors. 
value of the property and receipts aforesaid, showing the amount thereof 
in each township, city and incorporated village in which it has any 
agency or agencies ; and said company shall be charged on the duplicate 
of each of said Counties with taxes on the amount so returned in each 
township, city and village aforesaid : Provided, That ordinary transpor- 
tation companies, engaged exclusively in the transportation of merchan- roviso. 
disc over the railroads and canals of this State, in connection with other 
roads, canals, or lines of navigation, shall not be considered express com- 
panies within the meaning of this Act. 

Sec. 21. If any express or telegraph company shall fail to make and Failure to 
deliver to the State Auditor the statement required by this Act, on or make returns 
before the twentieth day of October, annually, such company shall forfeit 



\ 



Z6 STATUTES AT LARGE 

A. B. 1868. and pay to the State of South Carolina five hundred dollars, as a penalty, 
^'— v"— ^ and the State Auditor shall certify the fact of such failure to the Auditor 
Penalties, of any County in this State in which said company may have an officer 
or an agent, and said Auditor shall place the same on the duplicate of 
said County, and collect the same in the same manner as taxes are col- 
lected, and pay the same over to the State Treasury, at his next annual 
settlement with the Auditor of State ; and if any express or telegraph 
company shall fail to make to the Auditor of any County in this State, 
the statement required by this Act, on or before the last day of Novem- 
ber of any year, such County Auditor shall notify the State Auditor 
thereof; ancf if the State Auditor shall have received from said company 
the statement required by this Act to be made to film by said company, 
he shall certify the amount returned as in said County to such County 
Auditor, and add thereto, as penalty, the sum of ten dollars, which shall 
be charged to said company on the duplicate of said County, collected 
and paid over to the State Treasurer in the same manner herein provided 
as to the penalty for not making the return to the State Auditor : Pro- 
p . vided, That if any express or telegraph company shall fail to return the 
statement required by this Act to the State Auditor, and the State Au- 
ditor shall certify such failure to any County Auditor, such County Au- 
ditor shall proceed to ascertain the gross receipts of each agent of said 
company in his County, for the year ending the first day of September of 
that year, together with the value of all other property of the company 
in his County, add fifty per cent, thereto as penalty, and charge the com- 
pany with taxes thereon, at the several localities required by this Act, 
without any deduction for expenses paid out by. the company. And if 
any such company shall have no principal office or agency in this State 
to which the other agfents in the State are required to make return, each 
agent thereof in any County shall make return in the month of Septem- 
ber, or before the twentieth of October, annually, of the gross receipts of 
his agency for the year ending the first day of that month, with the value 
of all other property of the company in the city, village or township in 
which his agency is situate, and the County Auditor shall charge the 
company with taxes thereon, at the same rates as other property in the 
same localities ; and if such agent or agents refuse or neglect to make 
such return, the County Auditor shall ascertain the amount of such gross 
receipts and value of property, add fifty per cent, thereto as penalty, and 
charge such company with taxes thereon, at the same rates charged other 
property at the several localities where such property may be situate and 
such agencies located. 
Form of re- ^^^' ^^' ^^^ returns required by this Act to be made by express and 
turns. telegraph companies having their principal offices out of this State, shall 

be made in such form as the State Auditor shall prescribe, and the State 
State Audi- Auditor is authorized to require answers, under oath, to any questions he 
tor to require may jput to the principal or any other agent of any of said companies in 
(luestions^ ^^^ State, and to examine any of such agents, under oath, relative to 
the property and affairs of such companies, and the management thereof, 
which oath he may administer ; and if any such agent shall refuse to 
submit to such examination, or refuse or neglect to answer any such 
Contempts. q^eg^iQus, he shall be deemed guilty of contempt of the State Auditor, 
and the State Auditor may certify the fact to the Court of General Ses- 
sions of any County of this State, who shall issue a warrant for the ar- 



OF SOUTH CAROLINA. 37 

i«58t of such agent, in the name of the State of South Carolina, directed A. D. 1868. 
to the Sheriff of such County, who shall arrest such agent anywhere in 
this State, and take him before said Court of General Sessions, and upon 
hearing and conviction, such agent shall be fined by said Court in any Penalty. 
sum not exceeding five hundred dollars and costs, and be confined in the 
jail of the County where tried, until such fine be paid, and answers be 
given to all such questions as the State Auditor may propound to 
him. 

Sec. 23. Each agent in this State of any insurance company organ- insurance 
ized under the laws of any other State or country, and doing business in agents shall 
this State, shall, annually, in the month of September or before twentieth make returns 
of October, return to the Auditor of the County in which such agency is 
located a sworn statement of the gross receipts of such agency for the 
year ending on the first day of that month, including all notes, accounts 
and other things received or agreed upon as a compensation for insurance 
at such agency, together with all the value of any personal property of 
said company situate at such agency ; and the company shall he charged 
with taxes at the place of said agency on the amount so returned ; and A^ent per- 
the agent shall also be personally responsible for such taxes, and may sonaily re- 
retain in his hands a sufficient amount of the company's assets to pay the taxes. ^ ^^ 
same, unless the same shall be paid by the company. 

Sec. 24. Any company or corporation, organized under the laws of this Corpora- 
State, and owning property in any other State or country, as well as in tions owning 
this State, shall not be required to return its capital for taxation in this Property out- 
State, but shall return such property as it owns in this State, and guch^^^®*^®^***®' 
proportion of the value of its other property as if owned by individual 
residents of this State would be taxable in this State ; and if such return 
be made by such company, the shareholders therein shall not be required 
to return their shares for taxation. 

Sec. 25. A corporation organized under the laws of this State, but own- Outside cor- 
ing no property in this State, shall not be required to return its capital porations. 
for taxation in this State. 

Sec. 26. (A) Every insurance company organized under the laws of insurance 
this State shall return all its personal property, moneys, credits, (includ- companies. 
ing notes taken on subscriptions of stock,) investments in bonds, stocks, 
securities and assets of every kind for taxation, at the place where its 
principal office is located. 

Sec 26. (B) All companies and corporations, whether organized under other cor- 
the laws of this State or not, the manner of listing whose personal prop- porations. 
erty is not otherwise specifically provided for by law, shall list for taxation 
all their personal property and effects at the same time, in the same man- 
ner and in the same localities as individuals are required to list similar 
property and effects for taxation. 

Sec. 27. Any company incorporated under a joint charter granted by Joint char- 
this and some other State or States, and the manner of taxing which, or ters. 
the amount upon which it shall be taxed, or the specific proportion of its 
capital or property upon which taxes shall be assessed in South Carolina 
is prescribed or fixed in its charter, shall be assessed for taxation, and 
taxed as prescribed in its charter until otherwise legally provided. 

Sec. 28. All shares of the stockholders in any bank or banking asso- Bank stocks, 
elation, located in this State, whether now or hereafter incorporated or 
organized under the laws of this State or of the United States, shall be 



88 STATUTES AT LAEGE 

A. D. 1868. listed at their true value in money, and taxed in the city, ward, township 

^^-^v^^ or incorporated village where such bank is located, and not elsewhere. 

Sec. 29. The real estate of any such bank or banking association shall 

^^z" v^t « vt^***® he taxed in the place where the same may be located, the same as the 
of Danks. i x x ^ • v -j i 

real estate of mdividuals. 

Banks shall ^*^* ^^' There shall, at all times, be kept in the office where the buai- 
keep a list of ness of such bank or banking association is transacted, a full and correct 
stockholders, list of the names and residences of the stockholders therein, and the 
number of shares held by each, which shall be at all times, during busi- 
ness hours, open to the inspection of all officers who are or may be au- 
thorized to list or assess the value of such shares for taxation. 
Duties of ^^^' ^^' ^* shall be the duty of the President and Cashier of every such 
"bank Presi- bank or banking association, between first of September and twentieth of 
dents and October, annually, to mak6 out and return, under oath, to the Auditor of 
Cashiers. ^j^^ County in which such bank or banking association may be located, a 
full statement of the names and residences of the stockholders therein, 
with the number of shares held by each, and the actual value in money 
of such shares, together with a description of the real estate owned by 
said bank. 
County Au- ^^^* ^2* "^^ Auditor of the County in which any such bank or bank- 
ditors. ing association may be located, upon receiving the return provided in the 

thirty-first Section of this Act, shall deduct from the actual total value of 
. the shares in any such bank or banking association, the appraised value 
of the real estate owned by such bank or banking association, as the same 
stands assessed on the duplicate, and the remainder of the total value of 
such shares shall be entered on the duplicate of the County, in the names of 
the owners thereof, in amounts proportioned to the number of shares 
owned by each, as returned on said sworn statement, and be charged with 
taxes at the same rate as charged upon the value of other personal prop- 
erty, at the place where such bank or banking association is located. 

. _ «. Sec. 33. Any taxes assessed on any such shares of stock or the value 
Assessments,, «. '' « •jini.j • ^• - i-i 

remain as^hereoi, m manner aioresaid, shall be and remam a lien on such shares 

liens until from the first day of September, in each year, until such taxes are paid; 
taxes are paid g^jj^ in case of the non-payment of such taxes, at the time required by 
law, by any shareholder ; and after notice received of the County Treas- 
urer of the non-payment of such taxes, it shall be unlawful for the Cash- 
ier, or other officer of such bank or banking association, to transfer, or 
permit to be transferred, the whole or any portion of said stock, until the 
delinquent taxes thereon, together with the costs and penalties, shall have 
been paid in full ; and no dividend shall be paid on any stock so delin- 
quent so long as such taxes, penalties and costs, or any part thereof, re- 
main due or unpaid. 
Banks may Sec. 34. It shall be lawful for any such bank or banking association to^ 
pay taxoi'onpay to the Treasurer of the County in which such bank or banking asso-^ 
shares. ciation may be located the taxes that may be assessed upon its shares, as 

aforesaid, in the hands of its shareholders, respectively, and deduct the 
same from any dividends that may be due, or may thereafter become 
due, on any such shares, or deduct the same from any ftinds in its posses- 
sion belonging to any shareholder, as aforesaid. 
County Trea- Sec. 36. The County Treasurer may enforce the collection of any tax 
fv"rce "collect ^^ penalty assessed under this Act at any time after the same becomes 
tlon. due, by distraint, attachment, or other legal proceedings, instituted in 



OF SOUTH CAROUNA. 89 

his name as such Treasurer ; and in case of his death or retirement from A. D. 1868. 
office before the collection of such taxes or penalties, his successor in office ^*— v-^-^ 
or subsequent Treasurer may be made a party to such proceedings, and 
prosecute the same to final judgment and execution. 

Sec. 36. If any bank or banking association shall fail to make out and g^^jj^j^j^^j^^ 
furnish to the County Auditor the statement required by the thirty-first of books and 
Section of this Act, within the time required herein, it shall be the duty persons. 
of said Auditor to examine the books of said bank or banking associa- 
tion ; also, to examine any officer or agent thereof, under oath, together 
with such other persons as he may deem proper, and make out the state- 
ment required by said thirty-first Section, and enter the value of said 
shares on the duplicate for taxation. Any bank officer failing to make penalty for 
out and furnish to the County Auditor the statement, or wilfully mak- failing to 
ing a fialse statement, as required in the thirty-first Section of this Act, J"*^® return 
shall be liable to a fine not exceeding one hundred dollars, together with Auditor! ^ ^ 
all costs and other expenses incurred by the Auditor or other proper offi- 
cer in obtaining such statement aforesaid. 

Sec. 37. All unincorporated banks and bankers shall, annually, be- Unincorpo- 
tween the first of September and thirtieth of October, make out atid re- rated bankers 
turn to the Auditor of the proper County, under oath of the owner or^jfj^^jj^l^^P^ 
principal officer or manager thereof, a statement setting forth : turns to the 

1st. The average amount of notes and bills receivable discounted or County Au- 
purchased in the course of business by such unincorporated bank, banker ""^^* 
or bankers, and considered good and collectable. 

2d. The average amount of accounts receivable. statement. *^ 

3d. The average amount of cash and cash items in possession or in 
transit. 

4th. The average amount of all kinds of stocks, bonds or evidences of 
indebtedness held as investment, or in any way representing assets. 

5th. The average amount of real estate, at its assessed value for taxa- 
tion. 

6th. The average amount of all deposits made with them by other 
parties. 

7th. The average amount of accounts payable, exclusive of current de- 
posit accounts. 

8th. The average amount of Government and other securities, specify- 
ing the kind that are exempt from taxation. 

9th. The amount of capital paid in, or employed in such banking busi- 
ness, together with the number of shares or proportional interest each 
shareholder or partner has in such association or partnership. 

From the aggregate sum of the first five items above enumerated, the Deduction*. 
said Auditor shall deduct the aggregate sum of the fifth, sixth, seventh 
and eighth items, and the remainder thus obtained shall be entered on 
the duplicate of the County in the name of such bank, banker or bankers, 
and taxes thereon shall be assessed and paid, the same as is provided for 
other property as assessed and taxed in the same city, ward, township or 
incorporated village. 

Sec. 38. The average provided for in the preceding Section shall be Averages ; 
obtained by adding together the amounts of each item above specified, bow obtained 
owned by or standing on the books of such bank, banker or bankers, 
on the first day of each month of the year ending the last day of August 
in the year in which the return is made, and dividing the same by the 



40 STATUTES AT LARGE 

A. D. I86S. nnmber of moDths in the year : Provided, That in cases where such bank, 
^'— ^y— ^ banker or bankers commenced business during the preceding year, the 
Provisos, division shall be made by the number of months elapsed after the com- 
mencement of such business : Provided, That all fractions of a month shall 
be counted as a month. 
Banking Sec. 39. Every company, association or person, not incorpoijited under 
comj>anie8 any law of this State, or of the United States, for banking purposes, who 
^aied^^^^^ shall keep an office or other place of business, and engage in the business 
of lending money, receiving money on deposit, buying and selling bul- 
lion, bills of exchange, notes, bonds, stocks, or other evidences of indebt- 
edness, with a view to profit, shall be deemed a bank, banker or bankers, 
within the meaning of the thirty-seventh, thirty-eighth and thirty-ninth 
Sections of this Act. 
Power of Sec. 40. The County Auditor shall have the same powers to enforce 
County Au- correct returns from bank officers and bankers, to examine witnesses and 
force returns' enforce their attendance, and have the same aid of the Court of General 
* Sessions of the County, as is provided by law in cases where individuals 
fail to list their property for taxation, or are suspected of having made 
felse rttums ; and in all cases of failure to make returns under this Act, 
or in a case of a false return, by any unincorporated bank, banker or 
bankers, the Auditor shall ascertain the true amount, as near as may be, 
Penalty for add fifty per cent, penalty thereto, and charge the party or parties with 
false returns. ^^ taxes on the amoimt so ascertained by him, vnth the penalty afore- 
said ; but in cases of unintentional mistake in making the return, the 
true amount only shall be charged against the parties, without penalty. 
Pawnbro- ^EC. 41. Every pawnbroker, person or company engaged in the busi- 
kers to make ness of receiving property on pledge, or as security for money or other 
returns to the thiuff advanced to the pawner or pledger, shall annually, in the month of 
September or before the thirtieth of October, return, under oath, to the 
A^essor of the township, city or ward in which his place of business is 
located, the average monthly value of all property pawned or pledged to 
him during the year ending September first of the year in which the 
return shall be made, or if engaged in the business for less than a year 
prior to said first day of September, then for such shorter period ; and 
such average shall be ascertained by the rule prescribed in this Act for 
ascertaining the average value of the property of merchants, and taxes 
charged on such average value as upon other property at the same place. 
Persons Sec. 42. Any person claiming not to have any property, shall, upon 
be non-DroD- ^^® demand of the Assessor, make oath to the fact that he has no prop- 
erty holders erty, and if he refuse to make such oath, he shall be deemed guilty of 
required to contempt of the Assessor, and upon complaint of such Assessor to the 
make oath. Qq^u^ of General Sessions of the County, shall be arrested and confined 
in the jail of the County until he answers such questions, under oath, 
Penalty. ^ ^^^^ ^^e propounded to him by such Assessor, and pays the costs of the 

proceeding. 
Poll tax. Sec. 43. There shall be assessed on all taxable polls in the State, an 
annual tax of one dollar on each poll, the proceeds of which tax shall be 
applied solely to educational purposes. 
M'nes ^^^' ^' ^^^ proceeds of mines and mining claims shall be assessed 

and subject to taxation. 
Auditor pre- Sec. 45. The Auditor of State shall prescribe the forms of all returns 
scribe forms, of taxation and of the oath that shall be made thereto, and transmit the 



OP SOUTH CAROLINA. 41 

same to the several County Auditors, who shall cause a sufficient number A. D. 18G8. 
thereof to be printed and distributed to the Assessors of their several **— r-— ' 
Counties ; and any return made in any way materially varying therefrom 
shall not be regarded as a return. 

Sec. 46. If any person shall refuse or neglect to make out and deliver Assessors to 
to the Assessor a statement of personal property as provided by this Act, ascertain the 
or shall refuse or neglect to take and subscribe an oath as to the truth of p^J.^^ ^^ P^^' 
such statement or any part thereof, or in case of the sickness or absence sons who do 
of such person, the Assessor shall proceed to ascertain as near as may be not make a 
and make up and return a statement of the personal property, and the^*|*®^g^^^jfj^ 
value thereof, with which such person shall be charged for taxation ac-the same to 
cording to the provisions of this Act ; and to enable such Assessor to the County 
make up such statement, he is authorized to examine any person or per- -^"^^^*^^- 
sons, under oath, and to ascertain from general reputation and his own 
knowledge of facts the character and value of the personal property of 
the person thus absent, or sick, or refusing or neglecting to list or swear ; 
and said Assessor shall return the lists so made up by him endorsed re- 
used to list, or refused to swear, or absent, or sick, as the case may be, 
and in his return in tabular form to the County Auditor shall write the 
same words opposite the names of each of the persons so refusing or ne- 
glecting to list or swear, or absent, or sick. 

Sec. 47. If any person shall fail to list the personal property he is re- Penalty for 
quired by law to list in any one year, and the same escapes taxation for failure to list 
that year, the value thereof shall be charged against him for taxation in P^'^P® y- 
any subsequent year with fifty per cent, penalty added thereto, and the 
taxes and penalty collected as in other cases. 

Sec. 48. All real and personal property shall be valued for taxation at Mode of as- 
its true value in money, which, in all cases not otherwise specially pro-certaining 
vided for in this Act, shall be held to be the usual selling price of sim- valuations. 
lar property at the place where the return is to be made ; and if there be 
no usual selling price, then, at what it is honestly believed could be ob- 
tained for the same at a fair sale at the place aforesaid ; but each parcel 
of real property shall be separately appraised without reference to the 
value of any growing crops thereon. 

Sec. 49. The following articles of personal property shall be valued Personal 
for taxation as follows, to-wit : Money, bank bills, and other bills law- property tax- 
fiilly circulating as money, at the par value thereof; credits, at the * 
amount payable on the face of the contract, instrument, or account, un- 
less the principal be payable at a future time without interest, then, at ^^ valued. 
the sum payable less the lawful interest thereon, for any term of credit 
not exceeding one year ; contracts' for the delivery of specific articles, at 
the usual selling price of such articles at the time of listing ; leasehold 
estates held for any definite term, at the yearly value thereof to the les- 
see ; annuities, at the yearly value thereof to the owner at the time of 
listing. All leasehold estate, held on perpetual lease, or for a term cer- 
tain, renewable forever at the option of the lessee, shall be valued at the 
full price of the land, and continue to be taxed at such value to the end 
of the term. When the fee of the soil in any tract or lot of land is in 
one person, and right to any minerals therein or structures thereon in 
another, the proceeds of the minerals and said structures shall be valued 
and taxed as personal property, to the owners thereof respectively. • 

Sec. 50. The assessment of all personal property, and the valuation of 
6 



42 STATUTES AT LAKGE 

A. D. 1868. all lands, lota and new atractmes, wiiicii iisTe not pEeviooslj been valned 

^"— %<— ^ and entered on the dnplieate for taxation, shall be made between the first 

Time for afl- Monday of September and the second Monday of October annually; and 

vTluation*"^^^^ Aflsesaor shall, on or before the third Mc«iday of September, deliver 

to or leave at the residence or place of bosineas of each person within his 

A flsftgsor to township, city or ward, a printed form of statem^it or return for taxa- 

of ^retiirn^"" tion, with the proper form of oath attached thereto, and shall, at the 

time he delivers such forms, receive from such person the statement of 

property for taxation required by this Act, verified by the oath of such 

person, if desired so to do at that time by such person ; but if the person 

be not ready nor desire to make such statem^it at the time of receiving 

such forms, he shall make up and deliver the statement to the Assessor, 

on or before the first Mondav of October of the vear he received the 

ibrms, and in case of ^ilure so to do shall be held to have n^lected to 

list, and shall be assessed and returned by the Assessor accordingly ; and 

if the Assessor shaU fail to deliver the forms aforesaid to any person, 

such person shall not thereby be excused from listing his property for 

taxation ; but in such case if he make and swear to his statement, and 

deliver the same to the Assessor at any time before the second Monday 

of October of the year in which the return is required, the Assessor shall 

not return him as neglecting to list. 

Assessors Sec. 51. Each Assessor shall, at the time he delivers the forms men- 

*\^\ r^.*^^tioned in the preceding Section, enter .in a book, to be provided for that 

Mm of thepun^<>^ ^y ^^^^ township and city, an alphabetical list of the names of 

names of all all persons, companies and corporations in his township,, city or ward, as 

persona t o ^jj^ ^>^^ jj^^y 1^^^ designating the section of land or street, and number, 

are delivered ^ °^^^ ^ ^^7 ^t o^ ^^ residence or place of business of such person, 
company or corporation, which shall be preserved in his office and handed 
over to his successor ; and he shall enter therein a statement of all new 
structures erected in his township, city or ward, of the value of one hun- 
dred dollars or more, at any time during the then current year, com- 
mencing on the first day of September, and of all old structures destroyed 
during the same year, of the value of one hundred dollars or more, and 
a description of the land or lot on which such structures were respectively 
erected or destroyed, with the name of the owner of each, and such other 
things as may be required by the Auditor of State through the County 
Auditor. 
Assessors Bkc. 52. Each Assessor shall, on or before the twentieth day of Octo- 
and ^ riftHv^ip ^^ annually, make out and deliver to the Auditor of his County, in 
t/>the County tabular form and alphabetical order, a list of the names of the several 
AmWUfT lists persons, companies and corporations in whose names any personal prop- 
ownorl'^^^^ ^^y shall have been listed, and he shall enter separately, in appropriate 
c/>lumn8, opposite each name, the aggregate value of the several species 
of property mentioned in the seventh Section of this Act, making sepa- 
rate lists of the property listed as taxable in incorporated villages, cities 
and wards, and that listed as taxable out of cities, wards and incorpo- 
rated villages, all of which columns shall be accurately added up and 
iootijd ; and at the same time deliver to the Auditor all statements of 
}m)portv listed by him, or received by him from others, which the Audi- 
tor shall file by townships and wards, and preserve in his office. 
>Wflfl<!s«f»r'» Six J. 58. Each Assessor shall annually, at the time of taking the list 
uutios. Qf personal property, also take a list of all real property in his township, 



OF SOUTH CAROLINA. 43 

ward or city, subject to taxation, which shall not have been previously A. D. 1888. 
listed ; and of all new structures of the value of one hundred dollars or ^*— v-^-^ 
more not previously listed ; and of all old structures of the value of one 
hundred dollars or more which were destroyed during the previous year, 
and affix a value thereto, with a description of the land or lot on which 
the same was or is situate, endorse his affidavit thereon that the same is 
correct, that the valuations therein stated have been made according to 
the rules prescribed by this Act, and return the same with the names of 
the owners, respectively ; and if the owner of any such new structure 
shall be the owner of the land on which it is situate, or of a permanent 
leasehold estate therein, the County Auditor shall add to or deduct from 
the value of the land or lease, as the case may be, as the same may stand 
on the duplicate, the value of such structure so returned by the Asses- 
sor. And when required by the Auditor of State, the County Auditor County Au- 
shall return to the Auditor of State the value of all such structures, as fo*^}jo ^y^^^JIJ 
returned by the Assessors : Provided, That the Auditor shall not deduct Auditor. 
any greater amount for the destruction of any structure than was pre- 
viously charged for the same on the duplicate. 

Sec. 54. It shall be the duty of each Assessor to state in the columns Assessor's 
of remarks opposite each tax payer's name, in the return made by him ^^^}^ make 
to the County Auditor, any amount which he believes ought to be added valuations. ^ 
to the valuation of the property listed by such tax payer, his agent or 
other person. It shall also be his duty at any time after his return to the 
County Auditor, if he ascertain that any personal property in his town- 
ship, city or ward, has not been listed, to list the same and make return 
thereof to the County Auditor, with the valuation thereof as fixed by the I*cnalty for 
owner or himself, and the name of the owner or person to whom it is y^f ^^ ^"^ 
taxable, and the Auditor shall charge the same on the duplicate for tax- 
ation, adding fifty per cent, to the value as returned, as penalty, and pay 
said Assessor one dollar out of the County Treasury, which shall also be 
added to the taxes and penalty aforesaid, collected and paid into the 
County Treasury. 

Sec. 65. Each Assessor shall take and subscribe an oath, which shall Assessor's 
be attached to the return of personal property he is required to make to <^^*^^s. 

the County Auditor, by this Act, in the following form : " I, , 

Assessor of , in the County of , and State of 

South Carolina, do solemnly swear that the foregoing return contains a 
true statement of all personal property listed by myself or others for tax- 
ation in said , with the valuations thereof as sworn by 

others and ascertained by myself, for the present year ; that I have dili- 
gently endeavored to ascertain and" catfse Utt'the^personal and taxable 

property in said to be listed ; and, so far as I know and 

believe, all of said property (except such as is otherwise designated in 
said return) is valued in said return at the price for which it would sell 
at fair private, sale ; that I have not knowingly omitted to furnish any 

person required to list property in said with the proper 

form for making the same ; nor in any way connived at any violation of 
the tax laws of this State." And such Assessor shall not be entitled to 
or receive any compensation for his services, until he takes and sub- 
scribes such oath ; nor until he makes his return of real estate and new 
structures, with the valuations thereof, under oath, as required by this 
Act. 



44 STATUTES AT LAKGE 

A. D. 1868. Sec. 56. Any person, company or corporation, commencing any busi- 
'^'— ^v"— ^ ness in any County of this State, after the first day of September in any 
Persons com- year, the capital or personal property employed in which shall not have 
sinesT^^shall ^^^^^ Previously listed for taxation in said County for such year, shall within 
report to the thirty days after commencing such business, report to the Auditor of the 
County Au- County, under oath, the average amount of the capital intended to be 
ditor. employed in such business from the time of its commencement to the 

first day of September next ensuing ; and upon making satisfactory proof 
to said Auditor, that such capital or property has been regularly listed 
for taxation in some other County in this State, said Auditor shall file 
the report and proofs in his office, and give to the party a certificate that 
he or they have complied with the provisions of this Section, and are not 
liable to taxation in his CoUnty on such capital or property for the then 
current fiscal year. >But if he or they shaU not satisfactorily^ prove that 
such capital or property has been previously listed for taxation in some 
County of this State, said County Auditor shall charge him or them on 
his duplicate with such proportion of all taxes levied on others upon 
similar capital or property, at the place of the business, as the time from 
the commencement of the business to the ensuing first day of September 
bears to one year. 
Assessors to Sec. 57. It shall be the duty of each Assessor to report to the Audi- 
report, iqj, Qf jjjg County, the names of all persons commencing any business in 
his township, city or ward after the first day of September annually, 
whose capital or property employed in such business was not listed for 
taxation in his township, city or ward for the then current fiscal year. 
Penalties for Sec. 58. If any person, company or corporation shall commence any 
failing to re- business in any County of this State after the first day of September in 
irTence^ment^'^y^ year, the capital or property employed in which shall not have been 
of business to previously listed for taxation in said County, and shall not within thirty 
County Au- days thereafter make such report to the Auditor of said County as is re- 
ditor. quired in fifty-sixth Section of this Act, he or they shall forfeit and pay 
the sum of one hundred dollars, which shall be collected by civil afetion 
in the name of the County Commissioners, and paid into the County 
Treasury for the exclusive benefit of the County. And process in such 
case may issue out of the Court of Common Pleas of the County in which 
such business was commenced, directed to the proper officer, and be 
served in any County of this State. 
County Com- ^^^' ^^' ^^® County Commissioners of each County in this State shall, 
mission ers immediately after the passage of this Act or as soon thereafter as practi- 
shall divide cable, divide their County into suitable and convenient districts, not less 
districts^ ^^*^ than the number of townships in their County ; and any County, within 
the limits of which there is a city, the Commissioners shall divide said 
city into districts, comprising within each not less than one ward, nor 
more than five ; and no township or ward* shall be divided in making 
such districts, which districts shall be composed of contiguous territory ; 
and the Commissioners shall give notice, by publication in some newspa- 
per in the County, and if no newspaper is published in the County, then 
)y public notice set up in each township and ward, at the usual place of 
holding elections, setting forth the boundaries of said district. 
Assessors ^^^' ^^' ^^^^ person appointed to the office of District Assessor shall 
notified of be forthwith notflied by the County Auditor of his appointment; and 
appointment, each person so appointed shall, within ten days after receiving such 



Z 



OF SOUTH CAROLINA. 45 

notice, file with sudh Auditor his bond, payable to the State of South Car- A. D. 1868. 
olina, with at least one good freeholder surety, to the acceptance of the ^^"■"v""^ 
County Auditor, in the penal sum of two thousand dollars, conditioned Bond. 
that he will diligently, faithfully and impartially perform all and singly 
the duties enjoined on him by this Act ; and he shall, moreover, take and 
subscribe on said bond, an oath that he will, according to the best of his 
judgment, skill and ability, diligently, faithfully and impartially perform 
all the duties enjoined on him by this Act ; and if any person so ap- 
pointed shall fail to give bond, or shall fail to take an oath, . as is re- 
quired in this Section, within the time herein prescribed, the office to 
which he was appointed shall be considered vacant. 

Sec. 61. Jt shall be the duty of each District Assessor to make out Duties of 
from the maps and descriptions furnished him by the County Auditor, I^^strict As- 
and from such other sources of information as shall be in his power, a 
correct and pertinent description of each tract and lot of real property in 
his district ; and when he shall deem it necessary to obtain an accurate 
description of any separate tract or lot in his district, he may require the 
owner or occupier thereof to furnish the same, vfiijp. any title papers he 
may have in his possession ; and if such owner or occupier, upon demand 
made for the same, shall neglect or refuse to furnish a satisfactory de- 
scription of such parcel of real property to such Assessor, he may employ 
a competent surveyor to make out a description of the boundaries and 
location thereof, and a statement of the quantity of land therein ; and the 
expense of such survey shall be returned by the Assessor to the Auditor 
of his County, who shall add the same to the tax assessed upon such real 
property, and it shall be collected by the Treasurer of the County with 
such tax, and when collected shall be paid on demand to the person to 
whom the same is due ; and he shall, in all cases, from actual view, and 
from the best sources of information within his reach, determine, as near 
as practicable, the true value of each separate tract and lot of real prop- 
erty in hi^ district, according to the rules prescribed by this Act for valu- 
ing real property ; and he shall note in his plat-book, separately, the 
value of all houses, mills and other buildings which exceed one hundred 
dollars in value, or any tract of land, city, village or town lot, which 
shall be carried out as a part of the value of such tract or lot ; he shall ' 
also enter on his plat-book the number of acres of arable or plow land, 
the number of acres of meadow and pasture land, and the number of 
acres of wood and uncultivated land in each tract, as near as may be. 

Sec. 62. For the purpose of enabling the Assessor to determine the Assessor au- 
value of buildings and other improvements, he is hereby required to enter enter^^build- 
and fully to examine all buildings and structures of whatever kind, which ings. 
are not by this Act expressly exempted from taxation. 

Sec. 63. Each District Assessor shall, on or before the first Monday of Assessor's 
December, eighteen hundred and sixty-eight, and as often thereafter as returns, 
the Greneral Assembly shall, by joint resolution, direct, make out and de- 
liver to the Auditor of his County a return in tabular form, contained in 
a book to be furnished him by said Auditor, of the amount, description 
and value of the real property subject to be listed for taxation in his dis- 
trict, which return shall contain : 

1st.' The name of the several persons, companies or corporations in To contain 
whose name the several tracts of real property, other than town property, ^^^^nd cor- 
in each township within his district shall have been listed ; and in ap- porations. 



46 STATUTES AT LARGE 

A. D. 1868. propriate columns opposite each name, the description of each tract, 
*^— "v^^ designating the number of acres, the number of the section, and the part 
Value of thereof, and of the township or survey, listed in such name, and the value 
property. ^£ ^^^^ separate tract as determined by the Assessor. 

2d. The names of the several persons, companies or corporations in 
whose names the several lots of. real property in each town, city and vil- 
lage in his district shall have been listed, and in the appropriate columns 
opposite each name the description of each lot, and the value thereof, as 
determined by the Assessor; and such description shall designate the 
town, city or village, the number of lot, and the part thereof ; and if a 
part of a lot is listed, it shall state the number of feet along the principal 
street on which it abuts. If the name of the owner of any tract of land 
or lot shall be unknown, the word " unknown " shall be entered in the 
column of names opposite said tract or lot. 
Assessor to ^^^* ^^' ^^^ District Assessor, at the time of making the assessments 
enter in list a ^f other real estate for taxation, shall enter in a separate list pertinent 
description of descriptions of all the real estate exempt from taxation by law, with the 
real estate not yg^l^jj^^][Q^ f}iQYeof rfia^ by himself, determined by the rules prescribed 
in this Act, and designating the owner of each several parcel. 
A County ' Sec. 65, The County Auditor, the County Treasurer, the County Com- 
Board of missioners, or a majority of them, shall form a County Board for the 
E qualization equalization of the real property of their County, with the exception of 
A Special ^^® ^^ property in the city of Charleston, which shall be equalized by 
Board for city a Special Board, as hereinafter provided. They shall meet on the second 
of Charleston Monday of December, one thousand eight hundred and sixty-eight, and as 
often thereafter as the General Assembly shall, by joint resolution, direct, 
at the Auditor's office, in the several Counties, when the County Auditor 
shall lay before them the returns of the real property made by the seve- 
ral District Assessors of such County, with the additions he shall have 
^ ,. . made thereto ; and having each taken an oath, fairly and impartially to 
of values. equalize the value of the real estate of such County, according to the 
provisions of this Act, they shall immediately proceed to equalize such 
valuation, so that each tract or lot shall be entered on the tax list at its 
true value, and for this purpose they shall observe the following rules : 
Raisin rr val- ^^^' They shall raise the valuation of such tracts and lots of real 
ues. "^ property as, in their opinion, have been returned below their true value, 
. to such price or sum as they may believe to be the true value thereof. 
R c d u cing ^^' ^^^7 shall reduce the valuation of such tracts and lots as, in their 
values. opinion, have been returned above their true value, as compared with 

the average valuation of the real property of such County, having due 
regard to their relative situation, quality of soil, improvement, natural 
and artificial advantages possessed by each tract or lot. 
. 3d. They shall not reduce the aggregate value of the real property of 

value noTro- ^^® County below the aggregate value thereof, as returned by the Asses- 
duced. sors, with the addition made thereto by the Auditor, as hereinbefore re- 

Record of quired ; the County Auditor shall keep an accurate journal or record of 
proceedings, the proceedings and orders of said Board. 

Countv Au- ^^^' ^^' -^^^^ County Auditor shall, on or before the third Monday of 
ditor shall re- December, one thousand eight hundred and sixty-eight, and on the same 
turn abstract day in each year thereafter, make out and transmit to the Auditor of 
ertv^ to ^T te ^^^^^ ^^ abstract of the real property of each township in his County, in 
Auditor. which he shall set forth : 



OP SOUTH CAROLINA. 47 

1st. The number of acres, exclusive of town lots, returned by the seve- A. D. 1868. 
ral Assessors of his County, with such additions as shall have been **— -v^— ^ 
made thereto. 

2d. The aggregate value of such real property, other than town lots, 
as returned by the several Assessors of his County, inclusive of such ad- 
ditions as shall have been made thereto under the provisions of this Act. 

3d. The aggregate value of the real property in each town, city and 
village in his County, as returned by the several Assessors, with such 
additions as shall have been made thereto. 

Sec. 67. The State Board of Equalization shall consist of one member ^^^^q Board 
from each Congressional District of th^ State, all of whom shall have of Equaliza- 
the qualification of electors ; and the qualified electors of each Con- tion. 
gressional District shall, at the general election in the year one thousand g^^ elected, 
eight hundred and sixty-edght, and on the same day in every fifth year 
thereafter, elect persons to serve as members of such Board of Equaliza- 
tion, in accordance with the provisions of this Section ; and the returns 
of the poll books and certificate of election shall be governed by the law 
regulating the election of Representatives to Congress ; and in case of 
vacancy in such office, either by death, resignation, or otherwise, the Governor to 
Governor of the State shall have the power to appoint a person, who ^^^ vacancies, 
shall be a resident elector of the district so vacated, to fill such vacancy, 
as soon as he shall be informed thereof. The Governor, Secretary and 
Auditor of State shall, by virtue of their offices, be members of this 
Board. The said Board shall meet at Columbia on the fourth Monday Duties, 
of December, one thousand eight hundred and sixty-eight, and on the 
same day in every fifth year thereafter, and the members thereof shall 
each take an oath or affirmation that he will, to the best of his know- 
ledge and ability, so far as the duty devolves on him, equalize the valua- 
tion of real property among the several Counties, towns, cities and vil- 
lages in the State, according to the rules prescribed by this Act for 
valuing and equalizing the value of real property ; and having received 
from the Auditor of the State the abstracts of real propertv transmitted 
to him by the several County Auditors, said Board shall proceed to 
equalize the same among the several towns, cities, villages and Counties 
in the State, in the manner hereinafter prescribed : 

1st. They shall add to the aggregate value of the real property of Board may 
every County which they shall believe to be valued below its true value ^^^ ^^ value, 
in money, such per centum in each case as will raise the same to its true 
value in money. ♦ 

2d. They shall deduct from the aggregate valuation of the real prop- Value may 
erty of every County which they shall believe to be valued above its true he reduced. 
value in money, such per centum in each case as will reduce the same to 
its true value in money. 

3d. If they believe that right and justice require the valuation of the Discretion- 
real property of any town, city or village in any County, or of the real ^y powers of 
property of such County not in towns, cities or villages, to be raised or ^*^*^* 
to be reduced, without raising or reducing the other real property of such 
County, or without raising or reducing it in the same ratio, they may, in 
every such case, add to or take from the valuation of any one or more of 
such towns, cities or villages, or of property not in towns, cities or vil- 
lages, such per centum as they believe will raise or reduce the same to its 
true value in money. 



48 STATUTES AT LARGE 

A. D. 1868. 4th. They shall not reduce the aggregate value of all the real property 
^*— "V"*— ^ of the State, as returned by the County Auditors, below the aggregate 
value of said property, as returned by the Assessors. 

5th. Said Board shall keep a full account of their proceedings and 

orders. 

Co u n t y ^ ■ Sec. 68. There shall be an annual County Board for the equalization of 

S *^ * J*. ^ .^ ^ the real and personal property, moneys and credits in each County, exclu- 

qua ization gj^^ ^^ ^j^^ ^l^.^. ^^ Charleston, to be composed of the County Commi&- 

sioners. County Auditor and County Treasurer, who shall meet for that 
purpose at the Auditor's office in each County, on the second Monday of 
Powers. December, annually. Said Board shall have the power to hear complaints, 
and to equalize the valuation of all real and personal property, moneys 
and credits within the County, and shall be governed by the rules pre- 
scribed in the sixty-fifth Section of this Act, for the government of 
Limitation of ^^^°ty ^^^^^^ ^^^ *^® equalization of real property: Provided, That 
said Board shall not reduce the value of the real property of the County 
below the aggregate value thereof, as fixed by the State Board of Equal- 
ization, nor below its aggregate value on the duplicate of the preceding 
year, to which shall be added the value of all new entries and new 
structures, over the value of those destroyed, as returned by the several 
Township Assessors for the current year. 
Special ^EC. 69. There shall be a Special Board for the equalization of the real 
Board for city and personal property, moneys and credits in the city of Charleston, to 
of Charleston ]^q composed of the County Auditor and six citizens of said city, to be 
appointed by the City Council of said city, which Board shall meet an- 
nually at the Auditor's office of said County, on the first Monday of De- 
cember, and shall have power to equalize the value of the real estate and 
personal property, moneys and credits within said city, and shall be gov- 
erned by the rules, provisions and limitations prescribed for the govern- 
ment of annual County Boards for the equalization of real and personal 
property, moneys and credits, but said Board shall not continue its ses- 
sions more than two weeks in one y^ar. 
County Au- Sec. 70. The several County Auditors shall lay before the several 
ditors to lay annual Boards of Equalization aforesaid the valuations of the several 
fm-e Boards ^^^^^^ and lots of real property in their County or city, as the case may 
of Equaliza- be, as the same was entered on the duplicate of the preceding year, or as 
tion. fixed by the State Board of Equalization, and of those returned by the 

Shall keep -^^essors for the current year, with such maps, returns, lists and abstracts 
'a journal of as are in their respective offices ; «-nd each shall keep a regular journal 
proceedings, of its proceedings, which shall be deposited and kept in the office of the 
Po X. County Auditor. Said city Boards shall have power to equalize the val- 
city Boards nations of the several parcels or lots of real property in such city, respec- 
of Equaliza- tively, by adding to the value thereof in such wards, blocks or other 
tion. districts therein, which, in their opinion, is too low, and by adding to the 

value of such several parcels or lots as they may deem too low, and 
reducing the value thereof in such wards, blocks or other districts as they 
may deem too high, and by reducing the value of such several parcels or 
lots as they may deem too high. ' They shall also have power to hear 
complaints, and equalize the value of the personal property, new entries 
and new structures in said cities, respectively, returned for taxation the 
current year, by adding such per centum or amount to the valuations in 
such wards, or of such individuals, as they may deem equitable and just, 



OF SOUTH CAROLINA. 49 

and by deducting from the valuations in such wards, or of individuals, A. D. 1868. 
Buch per centum or amount as th^y may deem equitable and just. And ^— v-^-^ 
said County Boards shall have power to equalize the valuations of real Powers of 
property in their respecti\cie Counties, by adding to the value thereof in ^ ^ ^ rd s^<^ 
such townships, villages, towns and other districts not in the city, as they e qualization 
may deem low, and by adding to the valuations of such several parcels 
as they may deem too low ; also to reduce the valuations thereof in such 
townships, villages, towns and other districts, or of individuals, as they 
may deem too high; nevertheless, the aggregate deductions from the 
valuations of real estate shall be subject to the limitations prescribed in 
the sixty-fifth Section of this Act ; nor shall the aggregate deductions of 
the valuations of personal property reduce the total value of the personal 
property in the city or County below that returned by the Assessor. 

Sec. 71. The County Auditor shall add to, or deduct from, the value of Valuations 
the real estate or personal property such per centum, in townships, vil- adjusted, 
lages, towns, wards, blocks, or other districts, as may be ordered by the 
Board of Equalization of the city or County, as the case may be, on the 
duplicate, distributing the same pro rata to each owner, and shall add to, 
or deduct from, the valuation of the real or personal property of indi- 
viduals, companies or corporations, such sum or sums as may be ordered 
by either of said Boards. 

Sec. 72. When the State Board of Equalization shall have completed State Audi- 
their equalization of real property, among the several Counties, the Au-^^F to trans- 
ditor of State shall transmit to each County Auditor a statement of the to the\)ounty 
per centum to be added to, or deducted from, the valuation of the real Auditors. 
property of his County, specifying the per centum added to, or deducted 
from, the valuation of the real property in each of the several towns, vil- 
lages and cities, and of real property not in towns, villages or cities, in 
case an equal per centum shall not have be^i added to, or deducted Irom, ^ . 

each ; and the County Auditor shall forthwith proceed to add to, or de- ditors shall 
duct from, each tract or lot, in his County, the required per centum on add to or de- 
the valuation thereof as it stands, after having been equalized by the ^^^* from the 
County Board of Equalization, adding any fraction over fifty cents, and on^afuation! 
deducting any fraction less than fifty cents, so that the valuation of any 
tract or lot shall not contain any fraction of a dollar, and charge the 
same, with taxes, upon such equalized value. The State Auditor shall, 
also, on or before the first day of January, annually, give notice to each 
County Auditor of the rates per centum authorized by law to be levied 
for the various State purposes, which rates, or per centum, shall be levied 
by the County Auditor on the taxable property of the County, and 
charged on the duplicate with the taxes requirea to be levied and col- 
lected for other purposes. 

Sec. 73. The Auditor of State shall, from time to time, prepare and Forms and 
transmit to the several County Auditors all such forms and instructions instructions 
as he may deem necessary to carry into effect the provisions of this Act, transmitted. 
and decide all questions which may arise as to the true construction of 
this Act, or m relation to the duty of any officer under this Act ; and the 
forms thus transmitted shall be observed and used by all County, town- 
ship and municipal officers. The instructions thus given shall be obeyed 
by, and the decisions thus made shall be binding upon, all County, town- 
ship and municipal officers. 

Sec. 74. The Attorney-General shall, when requested so to do, give to • 

7 



50 STATUTES AT LARGE 

A. D. 1868. the Auditor of State a written opinion upon any question submitted to 
**— ^N^— ^ him by said Auditor, relative to the true construction of this Act, or any 
Attorney- provisions thereof, or any duty enjoined upon the Auditor of State by 

Sec. 75. Each County Auditor shall make out, in a book to be prepared 
County Au- ^^^ *^^* purpose, in such manner as the Auditor of State shall prescribe, 
ditors shall a complete list or schedule of all taxable property in his County, and the 
make sched- value thereof, as equalized, so arranged as that each separate parcel of 
ble*DroDert^" ^^^^ property in each township, other than city, village and town prop- 
erty, shall be contained in a line or lines opposite the name of the owner 
or owners, arranged in numerical or alphabetical order, unless otherwise 
directed by the Auditor of State, and so that each lot or parcel of real 
property in cities, villages and towns shall be contained in a line or lines 
opposite the names of the owners thereof, respectively, arranged in alpha- 
betical order, unless otherwise directed by the Auditor of State. And 
the value of all personal property shall be set down opposite the names 
of the owners thereof, respectively ; and if listed by any person other 
than the owner, for and in the name of the owner, the name of such per- 
son, and the character in which he acted, shall also be stated in such list, 
and separate lists shall be made for each city, village, town and township, 
arranged in alphabetical order, unless otherwise ordered by the Auditor 
Schedule to of State, which list or schedule, made out as aforesaid, shall be retained 
be made and Jq ^he County Auditor's office, and another made for the County Treasu- 
CouiSy^Tres^ ^®^> ^^^ delivered to him on or before the fifteenth day of January, an- 
burer. nually, as his warrant for the collection of the taxes, assessments and 

penalties charged thereon, each and both of which lists shall be denomi- 
nated the County duplicate. 
County Au- ®^^* *^^' Each County Auditor, after receiving from the Auditor of 
ditor to de- State, and from such other officers and authorities as shall be legally 
termine the empowered to determine the rates or amount of taxes to be levied for the 
lev?ed upon various purposes authorized by law, statements of the rates and sums to 
each lot of be levied for the current year, shall forthwith proceed to determine the 
real property sums to be levied upon each tract and lot of real property, adding the 
taxes of any previous year that may have been omitted, and upon the 
amount of personal property, moneys and credits listed in his County, in 
the name of each person, company or corporation, which shall be assessed 
equally on all real and personal property subject to such taxes, and set 
down m one or more columns, in such manner and form as the Auditor 
of State shall prescribe ; and in all cases where the whole amount of 
taxes upon the personal property, moneys and credits of any person shall 
not amount to ten cents, the Auditor shall not enter the same upon the 
duplicate, if such person has no other taxable property. 
Fractional '^'^' "^^^ County Auditor shall not be required to assess on the 

assessments, taxable property of their Counties, or of any township, city or incorpo- 
rated village, or school district therein, for any purpose, nor for all pur- 
poses added together, any rate of taxation containing or resulting in any 
fraction other than a decimal fraction, nor in any fraction less than one- 
twentieth of a mill ; but if the sum required to be raised for any or all 
purposes results in a fraction less than one-twentieth of a mill, such frac- 
tion shall be dropped ; and if more than one-twentieth and less than one- 
tenth of a mill, the County Auditor shall add enough thereto to make it 
one-tenth of a mill, and levy the same accordingly. 



OP SOUTH CAROLmA. 51 

Sec. 78. The County Auditor shall enter the taxes on the duplicate, A. D. 1868. 
to be retained in his own oflSce, in such number of columns as the Auditor *^— -v^— ^ 
of State shall, from time to time, direct ; but on the duplicate for the Taxes to be 
County Treasurer, he shall enter the taxes against each parcel of real and |u*pi^cates^ ^ 
personal property, on one or more lines, opposite the name of 'the owner 
or owners ; and in all other respects the Auditor of State may prescribe 
forms for County duplicates, as may seem to him most conducive to the 
interest and convenience of the public, and County Auditors shall con- 
form thereto. 

- Sec. 79. When the taxes, assessments and penalties charged against Penalties for 
any parcel or lot of real property shall not be paid on or before the first failing to 
day of March in each year, or collected by distress or otherwise, as au- "^^^ taxes. 
thorized by this Act, a penalty of twenty per cent, thereon shall be added 
by the County Auditor on the County duplicate ; and if the said taxes 
and penalty shall not be paid on or before the twentieth day of April 
next thereafter, or collected by distress or otherwise, the penalty and said 
taxes shall be treated as the delinquent taxes on such real property, to be 
collected in the manner that is, or may be, prescribed by law ; and if the 
amount of such delinquent taxes, assessments and penalties shall not be 
paid on or before the twentieth day of May, of the current year, the de- 
linquent taxes, assessments and penalties of thejaurenL^Cfiar shall be due 
and collected by the sale of .such real estate in the manner that is or may 
be required by law. 

Sec. 80. Each County Auditor shall, annually, in the month of March, County Au- 
make out and record, in a book to* be provided for that purpose, a list of ditortomake 
all lands, city, village and town lots returned by the Treasurer delinquent iiif(?uents " 
at the preceding settlement, describing such lands and lots as the same 
were described on the duplicate, and charging thereon the unpaid taxes, 
penalties and assessments as the same were charged on the duplicate, and 
also the taxes and assessments of the current year, and shall certify to 
the correctness thereof, and sign the same officially. 

Sec. 81. If any taxes charged on any real estate be regularly paid, and Taxes erro- 
such real estate be erroneously returned delinquent, and sold for such neously as- 
taxes, the sale shall be totally void; or if any ^xesshall be illegally collected^ ^to 
assessed and collected, when the same sharnbecome tnown to the County be refunded. 
Auditor, he shall, on demand of the party interested, submit the matter 
to the Auditor of State ; and if the Auditor of State approve thereof in 
writing, the amount paid by the purchaser at such void sale, or the 
amount so illegally collected, shall be repaid to the party paying the 
same, out of the County Treasury, on the order of the County Auditor ; 
and so much of said taxes as shall have been paid into the State Treas- 
ury shall be refunded to the County Treasury, and the County Auditor 
shall retain the same in his next annual settlement, and charge the State 
therewith. 

Sec. 82. If the County Auditor shall at any time discover that any County Au- 
real estate or new structure, duly returned and appraised for taxation, ditors may 
has been omitted from the duplicate, he shall immediately charge the g^™^* ^"^*^' 
same on the duplicate, with the taxes of the current year, and the simple 
taxes of each preceding year the same may have escaped taxation. And 
if the owner of any real estate or new structure thereon, subject to tax- 
ation, has not reported the same for taxation, according to the require- 
ments of this Act, and the same has not been appraised for taxation, the 



52 STATUTES AT LARGE 

A. D. 1868. Auditor shall, upon discovery thereof, cause the same to be appraised by 
**— -^v^-^ the Assessor of the township or ward in which the same is situate, and 
upon return of such appraisement shall charge the same upon the dupli- 
cate, wtth the taxes of the then current year, and the taxes of each pre- 
ceding year it may have escaped taxation, with twenty per cent, penalty 
upon such taxes of preceding years. And if any real estate shall have 
been omitted in the return of any District Assessor, the Auditor of the 
County shall cause the same to be immediately appraised for taxation by 
the township or ward Assessor ; and upon notice by the County Auditor 
to the Assessor of the township or ward where any such real estate is 
situate, with a description of such real estate, it shall be the duty of such 
Assessor forthwith to appraise and return the sam^ to said Auditor, who 
shall file the same in his office, and charge the same with the taxes of the 
current year and the simple taxes of the preceding years it may have 
escaped taxation ; and if such Assessor shall not, within ten days from the 
receipt of a notice from the County Auditor, return to such Auditor an 
appraisement of the real estate therein described, or any new structure 
thereon, said Auditor shall appoint some freeholder of the County, who 
shall, under oath, return an appraisement of such real estate or new struc- 
ture to the Auditor, and said Auditor shall pay him therefor at the rate 
of three dollars per day out of the County Treasury, and immediately 
Assessor's '^o^^fy such Assessor to pay the same into the County Treasury ; and if 
penalty for said Assessor shall not pay the same into the County Treasury within ten 
railingto per- ^ays from the receipt of said last mentioned notice, one hundred per cent, 
iuties. penalty shall be added thereto, and said Auditor shall commence suit 

therefor, as such Auditor, before the Court of Common Pleas for the 
County, who, upon hearing and proof, shall render judgment for the 
^ amount so paid out of the County Treasury, with one hundred per cent, 
thereon and costs of suit, which shall be collected as in other cases of 
judgment, the penalty retained by the County Auditor,^as his compensa- 
tion, and the remainder, except costs, paid into the County Treasury. 
Examination Sec. 83. If the County Auditor shall suspect or be informed that any 
Df parties ma- person or persons, corporation or company, has evaded making a return, or 
^rn ^^^^^ ^^' ^^^® ^ ^^^^^ return of his, her or their personal property for taxation, or 
have or has not made a full return, or that the valuation returned is less 
than it should have been according to the rules prescribed by this Act, 
it shall be his duty, at any time before the settlement with the Treas- 
urer for the year, to notify such party to appear before him at his office, 
at a time fixed in said notice, together with such other person or persons 
as said Auditor may desire to examine, and the party, together with any 
witness called, shall be examined by said Auditor, under oath, (which 
oath said Auditor is authorized to administer,) touching the personal 
property and the value thereof of such party, and everything which may 
tend to evince the true, amount such party should have returned /or tax- 
ation. 
Co tuma- ^^^' ^^' ^^^^7 Person notified, either as a party or witness, to appear 
3ious witnes- before the County Auditor, as provided for in the preceding Section, shall 
5es. refuse or neglect to appear before the County Auditor at the time stated 

in said notice, or shall refuse to be sworn, or refuse to answer any ques- 
tion put to him by said Auditor, touching the matter under examination 
as aforesaid, he shall be deemed guilty of contempt of said Auditor, and 
said Auditor shall make complaint thereof to the Court of General Ses- 



OP SOUTH CAROLINA. 53 

sions of the County, who shall thereupon issue an attachment against the A. D. 1868. 
person complained of, in the name of the State of South Carolina, directed ^— -^r— ^ 
to the Sheriff of the County, who shall arrest such party anywhere he 
may be found in the State of South Carolina, and taka him personally 
before said Court, and upon conviction thereof, such party shall be fined 
for such contempt of the County Auditor, by said Court, in any sum not p . . 
exceeding fifty dollars and costs of prosecution, and be confined in the 
County jail of said County until answers shall be made to all questions 
-which may be propounded to him by said County Auditor, and such fine 
and costs paid ; and when such fine is collected, it shall be paid into the 
County Treasury to the credit of the County fund. 

Sec. 85. The County Auditor, when he shall deem it necessary, may A d j o urn- 
adiourn the examination provided for in the preceding Section (eierhty- ^^^^ ^9^ ®^' 
four), from time to time ; and if he shall find that the party had failed to 
make any return for taxation, or intentionally made a false return, or in- False returns 
tentionally returned his or their property for taxation at less than its 
fair cash value, he shall determine what amount should have been re- 
turned by the party, and add fifty per cent, thereto as penalty, and charge Penalty. 
the same, ^ith said penalty, against the party on the duplicate, with the 
taxes of the current year ; but if he shall find the party committed a 
merely unintentional mistake in any return made, he shall add such 
amount as he may deem just to such return, and charge the party with 
the simple taxes thereon, adding witnesses' fees, if any, and the costs of 
serving the notice. , 

Sec. 86. If upon the examination provided for in the eighty-third Sec- Expense of 
tion of this Act the return made to or by the Assessor shall be found to examination. 
be correct, the expenses of the examination shall be paid by the County 
Auditor out of the County Treasury ; but if it shall be found that the re- 
turn, as made, was intentionally false, or that no return was made, the 
Auditor shall pay the expenses of the examination out of the County 
Treasury, and charge the same to the party on the duplicate, in addition 
to the penalty provided for in such cases ; and the amount collected with 
the taxes of the party, to reimburse the Treasury of the County for the 
expenses paid as aforesaid. But if the return made was unintentionally 
erroneous, said Auditor shall pay the witnesses' fees and costs of serving 
the notice out of the County Treasury, charge the same on duplicate to 
the party, and the same shall be collected and paid into the County Treas- 
ury, as aforesaid. 

Sec. 87. The expenses to be allowed upon the examination provided 
for by the eighty-third Section of this Act shall be, for serving the notice ^®es allowed 
or notices, the fees allowed to Sheriffs and Constables for serving a sum- 
mons, and to witnesses, the same fees allowed to witnesses in suits before 
Justices of the Peace. 

Sec. 88. Each County Auditor shall add to the value, as returned by penalty for 
the Assessor, of all personal property, the owner of which, or other per- neglecting to 
son whose duty it is made by this Act to list the same, shall have refused ^^^t property. 
or neglected to list, or to the value of which such person shall have re- 
fused or neglected to swear, fifty per centum on the value so returned by 
the Assessor, and charge the same on duplicate, which shall be collected 
and apportioned to the several funds for which taxes are assessed against 
such owner joro rata, in proportion to the respective levies. 

Sec. 89. If any person required by this Act to list property for taxa- 



54 STATUTES AT LARGE 

A. D. 1868. tion stall tave been prevented by sickness or absence from giving to the 
'"'— ^^■^-' Assessor the statement or return for taxation required by this Act, such 
County Au- person or his agent may, at any time prior to the tenth day of November 
ceive returns ^^ ^^® ^^^^ ^^ ^^® assessment, make out and deliver to the County Audi- 
from persons tor a statement of the same, as required by this Act, sworn to as if made 
who h a V e to the Assessor, (which oath the Auditor is authorized to administer,) 
absent ^^^ ^^ ^^^ shall also make oath before said Auditor that he was sick or absent 
during the whole time when he should have otherwise listed hk, property 
to the Assessor for that year; and if absent, that such absence was not 
for the purpose of avoiding the listing of his property. The Auditor 
shall receive the return made by the absent person, and charge such 
party with taxes on the duplicate according to the return so made to 
him. 
County Au- ^^^" ^^' ^^^^ County Auditor shall correct the valuation of any parcel 
ditor to make or lot of real property on which any structure of one hundred dollars or 
corrections, more in value may have been constructed, or on which any structure of 
like value may have been destroyed, according to the return thereof, made 
in accordance with the provisions of this Act, by the Assessor, and assess 
the tax upon such corrected valuation. Said Auditor shall also correct 
any errors he may discover in the name of the owner, in the description 
or quantity of any parcel or lot of real estate, and any clerical errors in 
his duplicate, or in any return made to his office. He shall also correct 
any errors in his duplicate when ordered by the Auditor of State ; but he 
shall not reduce any assessment of personal property regularly made and 
returned to his office, nor make any deduction from the. valuation of any 
tract, lot or parcel of real estate, except such as shall be ordered by the 
State, County or City Board of Equalization, in conformity with the pro- 
visions of this Act, or upon the written order of the Auditor of State, 
which written order shall only be made by the Auditor of State upon a 
statement of facts submitted to him in writing ; and when any personal 
or real property has been listed, returned or entered for taxation in a 
wrong locality, the County Auditor shall correct the return or entry, and 
charge such property with the taxes in the locality required by the pro- 
Proviso, visions of this Act : Provided, That any correction made in the duplicate 
by the County Auditor shall be entered on both the Auditor and Treas- 
urer's duplicate, except that in case of the reduction of any assessment 
or tax, the Auditor may furnish the Treasurer with a certificate of such 
reduction. 
i^ f A Sec. 91. Each County Auditor shall, annually, on or before the 15th 
dltorto tran^- ^^J ^^ January, make out and transmit, by mail, to the Auditor of State, 
mit abstract a complete abstract of the duplicate of his County, which shall state the 
of duplicates aggj.ggate value of taxable property, and the total amount of taxes as- 
State? ^ ^^ ^ sessed thereon for that year; arid he shall, at the same time, also make 
out and trarisiriit to the Auditor of State an abstract of the number and 
value of each of the enumerated articles of personal property, the value 
of merchants' and manufacturers' stock, and the value of all other per- 
sonal property, as returned by the Assessor and fixed by the Board or 
Boards of Equalization ; but such abstracts shall be made out in such 
form and contain such details as the Auditor of State may prescribe. 
Auditor's Sec. 92. Each County Auditor shall attend at his office on or before 
^^*th^ C ^ ° t ^ *^® ^^®^ Tuesday of May, annually, to make settlement with the Treasu- 
Treasurer.*^ ^ rer of his County, and ascertain the amount of taxes, penalties and assess- 



OP SOUTH CAKOLINA. 56 

n[ients collected by sueli Treasurer, and the amount with whi^h such A. D. 1868 
Treasurer is to stand charged on account thereof, and on account of each ^— — y— -^ 
fund for which a levy was made on the duplicate ; and each Auditor 
shall take, from the duplicate previously put into the hands of said Treas- 
urer for collection, a list of all such taxes, assessments and penalties as 
such Treasurer has been unable to collect, therein describing the property 
as described on the duplicate, and shall note thereon, in a marginal 
column, the several reasons assigned by such Treasurer why such taxes 
or other charges could not be collected, which list shall be denominated 
the delinquent list, and which shall be signed and sworn to by the Treas- 
urer before said Auditor ; and said Auditor shall record the same in a 
book, to be provided for that purpose, and transmit an abstract thereof to 
the Auditor of State, by the County Treasurer, at his next annual settle- 
ment with the Auditor of State ; and, in making such list, the delinquen- 
cies in each township, city, village and town shall be stated separately ; 
and, after deducting the amount of taxes, assessments and penalties so 
returned delinquent, and the collection fees allowed the Treasurer by law, 
said Treasurer shall be held liable for the balance of the taxes, assess- 
ments and penalties charged on the duplicate : Provided, however, That Caused for 
only the following causes shall be assigned by said Treasurer on said de- not collecting 
linquent list for not collecting any tax, penalty or assessment, to-wit : *^^* 

1st. That sufficient personal property of the party charged therewith 
could not be found out of which to make the same. 

2d. That property was found, but could not be sold for want of bid- 
ders; and, 

3d. That such taxes, assessments or penalties were enjoined by a com- 
petent Court. 

Sec. 93. In making*the settlements required by the preceding Section, County Au- 
the County Auditor shall carefully ascertain the true amount collected ^j^^^ *^ p^® 
by the Treasurer on account of the several taxes, penalties and assess- Xrea^rer. 
ments charged on such duplicate, and the amount remaining in the 
hands of the Treasurer belonging to each fund, and shall give to such 
Treasurer an official statement of the several sums 'charged to him as 
having been collected by him for and on account of the several funds. 
The County Auditor shall also make out and deliver to said Treasurer -pi y 
duplicate certificates showing the amount charged on the duplicate for certi^ates. 
the several purposes for which taxes and assessments shall have been 
levied ; also, of the taxes, &c., remaining unpaid as stated on the delin- 
quent list. 

Sec. 94. Each County Auditor shall, annually, during the first week Notice of 
in September, except the present year, in which he shall then, or as soon^^^^ting of 
thereafter as possible, publish in two newspapers printed at the County ^''^''^"• 
seat of his County, if two papers be there published, if not, in one such 
paper, a notice calling upon all Assessors in his County to meet at his 
office on the first Wednesday of that month for consultation, except the 
present year, in which he shall then, or as soon thereafter as practicable ; 
and at the meeting of such Assessors, convened in pursuance of such 
notice, he shall deliver to them, respectively, all the forms to be used in Delivery of 
making assessments, and, in the performance of their other, duties, lists and in- 
with lists of the real estate, new town and city lots, and new structures to structions. 
be appraised for taxation, which have not previously been appraised for 
that purpose ; also, upon which structures have been destroyed, so far as 



» CTATCTES AT LABGE 

A, D. U^. known $o him, togetiier with each instractloiis as he maj have received 
^— "v^-^ from the Andhor of State relative to the duties of AssesEors^ aad shall 
then, and at all time?, answer any qaestions they or any of them shall 
pfopoond relative to their duties, and give them &ueh instm^ons as shall 
tend to uniformity in the action of A«ses<ors. 
When tax^ ^Efs. 95. All taxe?, except as herein excepted, shall be payable, annu- 
al* jATable. ally, on or before the first day of 3Iarch. after their assessm^it, and the 
several County Treasurers shall collect the same in the manner required 
Tai receipts, by law, and give the receipts therefor to the several parties paying the 
same, in which the real estate paid on shall be briefly described, and the 
value of the personal property paid on shall be stated together with the 
time such taxes may be payable. 

mTr^aiiurer 4 g^^ 9^ 'Yhe Countv Treasurer shall keep his office open for the re- 
VfipL fftf*:fi. <^pt of taxes from the fift^nth of January to the twentiethjday of May. 

Sec. 97. When the taxes and asse&^sments charged against any party 
Prr^c^in^ or property on the duplicate shall not be paid on or before the fiirst day 
^S*. ^ ^' ^^ March, after the assessment thereof, or when the remainder of such 
taxes and assessments shall not be paid on or before the twentieth day of 
]Mav next thereafter, together with twenty per cent- penalty on such, re- 
maming unpaid, the County Treasurer shall proceed to collect the same, 
by distress or otherwise, as may at the time be prescribed by law, together 
with a penalty of five per cent, on the amount so delinquent, which pen- 
alty shall be for the use of the Treasurer, as a compensation for making 
such collection. 
County Trea- ^^x:. 98. The County Treasurer, immediately upon the receipt of the 
hUTar tr> pub- tax duplicate for the year from the County Auditor, shall cause a notice 
lirh notice of ^^ |jg inserted once in two daily newspapers published at the County seat 
of his County, if two such papers be there published, if not, then in one 
such paper, and if no daily paper be published at such County seat, then 
in two weekly papers published at said County seat, but if two such 
weekly papers be not there published, then in one such paper, and if no 
paper is published in the County, then such notice shall be given in such 
manner as the County Treasurer may direct, stating the total rate per 
centum of levies for State purposes, and the total rate per centum for all 
other purposes in each township, city and incorporated village on the du- 
plicate of that year ; and if any special levies have been made on the 
property of a school or other district, not afl^ting an entire township, 
the total rate of levies in such district shall also be stated in such notice. 
Per>ional Sec. 99. All personal property subject to taxation shall be liable to 
ifTopeny lia- distress and sale for the payment of taxes and assessments ; and at any 
and^salef ^for ^^^^ after any taxes or assessments shall become due according to law, 
payment of the County Treasurer, by himself or deputy, may distrain sufficient per- 
taxes. sonal property of the party against whom such taxes or assessments are 

charged, if the same can be found in his County, to pay the taxes or a^ 
sessments so due, with any penalty charged or chargeable thereon, and 
the costs that may accrue, and shall immediately advertise the same in 
three of the most public places in the township or ward in which such 
^ property shall be distrained, stating the time and place in such township, 
city or ward, when and where such property will be sold ; and if the 
taxes, assessments and penalties for which such property was distrained, 
together with the costs of the proceeding, shall not be paid before the 
day appointed for such sale, (which shall not be less than five nor more 



OP SOUTH CAROLINA. 57 

than ten days after posting up such notices of sale,) such Treasurer or ^ ^- 186a 
his deputy shall proceed, at the time and place mentioned in said notices, ^-^"v— ^ 
to sell such property, or so much thereof as may be necessary, at public 
vendue, to the highest bidder; and if such property, or a sufficient 
amount thereof, shall not be sold at the time and place aforesaid, such 
Treasurer shall retain the same in his possession, and advertise and offer 
the same for sale, in manner aforesaid, from time to time, until the same 
shall be sold. 

Sec. 100. The Treasurer shall be allowed the same fees and costs for Treasurer's 
making distress and sale of property for the payment of taxes as are or ^^^ ^^^ ^^^^ 
may be allowed to Sheriffs or Constables for making levy and sale of 
property on execution, traveling fees to be computed from the seat of 
justice of the County to the place of making distress. 

Sec. 101. Each County Treasurer shall, on or before the first Tuesday County Trea- 
of July of each year, settle with the Auditor of his County for all taxes, super's settle- 
assessments and penalties collected by him on the duplicate of the pre- T®^^ ^^^^ 
ceding year, and ascertain the amount with which he shall stand charged 
oh account of such taxes, assessments and penalties ; and he shall furnish 
said Auditor the names of all parties against whom taxes, assessments or 
penalties are charged on said duplicate, from whom he has been unable 
to collect such taxes, assessments or penalties, and the amounts uncol- 
lected ; and when such Treasurer has made a list thereof, he shall swear 
to and sign the same before said Auditor, assigning only such reasons for 
non-collection as are mentioned in the ninety-second Section of this Act, 
(and only such amounts shall be inserted in said list as remain uncol- 
lected on account of some one of the causes mentioned in said ninety- 
second Section,) and after deducting his fees and the amount included in 
said delinquent list, he shall stand charged with the remainder of the 
taxes, assessments and penalties charged on said duplicate ; but, if in 
making such settlement, the County Treasurer shall stand charged with 
any tax, assessment or penalty which, in fact, was not paid prior thereto, 
he may, at any time while remaining in office, collect the same by dis- 
tress and sale of property as in other cases of delinquent taxes, or by 
action in his own name as for money paid for the use of the party or 
parties charged with, or bound to pay said tax, penalty or assessment ; 
and aft^er going out of office he may maintain an action in his own name 
as aforesaid, for the collection of such tax, penalty or assessment. 

Sec. 102. Each County Treasurer shall, within ten days next after bounty Trea- 
each annual settlement with the County Auditor, as required by this Act, super's settle- 
present to the Auditor of the State and Comptroller-General, each, one™®^^ . ^^**^ 
of the duplicate certificates required by the ninety-third Section of this qj. ^j^^ g^j^^e 
Act, to be given to him by the County Auditor ; he shall also present to Treasurer. 
the Auditor of State the abstract of the delinquent list required by the 
ninety-second Section of this Act, to be transmitted to said Auditor of 
State ; and upon the receipt of the certificate and abstract aforesaid, the 
Auditor of State shall settle with such County Treasurer for the money 
in the hands of such Treasurer belonging to the State, and upon ascer- 
taining the exact sum or sums payable by such Treasurer, shall certify 
the same to the Comptroller-General, specifying in such certificate the 
amount belonging to each fund and the total amount to be paid into the 
State Treasury ; and on receipt of such certificate, the Comptroller-Gen- 
eral shall issue his certificate, specifying as aforesaid ; and said County 
8 



\ 



68 STATDTES AT JjABGE 

A. D. 1868. Treasnrer Bhall fordiwith deliver fiaid OcMnptroUer's eertificate to the 
^'^-"v— ^ Treasurer of the State, and pay into the State Treasoiy the full amount 
of all sums so found to be in his hands belonging to the State, and the 
Treasurer of State shall give to such County Treasorer triplicate receipts 
therefor, specifying therein the amount of each fund and the aggr^ate 
as stated in said certificates, one of which said County Treasurer shall 
deliver to the Auditor of State and one to the Comptroller-General : 
Provided, Every County Treasurer shall, on the fifteenth of each month, 
^*^^to'^^^t ^^^^^^^ ^ *^® State Treasurer all the moneys collected by him for or on 
^g^^<X<j.g2^ account of the State taxes, specifying for and on acoount of what fund 
surer. the same was collected, for which triplicate reoeiptB shall be r^nmed to 

them by the State Treasurer ; of said receipts, one shall be r^ained by 
the County Treasurer, one shall be forwarded by him to the State Audi- 
tor, and one to the ComptroUer-GeneraL The County Treasurer shall, 
also, on the fifteenth day of each month, notify the Board of County 
Commissioners and Selectmen of towns the amount of funds collected for 
and on account of their respective Counties and towns, and the diaracter 
of such funds. 
Manner of Skc. 103. If any chattel tax shall be unpaid at the time fixed for the 
^'hlu^l^tl^^^y^^^^ thereof by this Act, or returned delinquent as anthoriased by 
ramAining^^^ Act, the County Treasurer may not only distrain property for the 
uripnid payment thereof, but may recover the same with the penalties thereon by 

action at law, proceedings in attachment or other means authorized by 
law to be used by private individuals in the collection of debts, which 
action or other proceedings shall be prosecuted in the name of such 
Treasurer ; and if he shall die or go out of office before the termination 
of such action or proceeding, or the final collection of the money, or any 
judgment or order therein, his successor or successors may, from time to 
time, be substituted as plaintiff therein. 
TrocHiidinf^H Skc. 1 04. If, after the return of any chattel tax by any County Treas- 
againHt non- urer as delinquent, the County Treasurer shall know or be informed that 
d^e 1 i n ci*uer't ^'^^ V^^Y agaiost whom the same is charged resides in eame other County 
taxes, in this State, or has property or debts due him therein, it shall be his duty 

to make out and forward to the Treasurer of such other County a certi- 
fied statement of the name of the party against whom such taxes are 
charged, of the value of the property on which such taxes were levied, 
the amount of the taxes and penalties assessed thereon, and that the same 
are delinquent, to the aggregate of which taxes and penalties he shall add 
twenty-five per cent, as collection fees, upon the receipt of which certifi- 
cate it shall be the duty of the Treasurer of such other County to collect 
such delinquent taxes and penalties, with the twenty-five per cent, collec- 
tion fees as aforesaid, for which purpose he shall have all the rights, 
powers and remedies conferred by this Act upon the Treasurer of the 
County ill which such taxes were assessed, and be allowed the same fees 
for distraint and sale of property as if said taxes had been levied in his 
own County, and upon collection made may retain one-half of said twenty- 
five per cent, collection fees, and shall transmit the balance collected by 
him to the Treasurer of the County from whom he received such certified 
statement per mail, at the same time transmitting by mail, to the Auditor 
of the County from which said certified statement was sent, a statement 
of the amount thus transmitted by maU to the Treasurer of said latter 
County, and of whom collected, and said Auditor shall charge his Treas- 



OF SOUTH CAKOLINA. 59 

urer therewith, after deducting one-half of said twenty-five per cent, col- A. D. 1868. 
lection fees, and distribute the same to the several funds for which it was ^— — y— -^ 
levied, and the State proportion shall be paid into the State Treasury at 
the next annual settlement of the County Treasurer ; but if the Treasurer 
to whom any such statement is sent cannot collect the amount therein 
named, nor any part thereof, he shall return the same so endorsed, with 
reasons for such non-collection. 

Sec. 105. All real property returned delinquent by the County Treas- When real 
urer, as provided for by this Act, shall be offered for sale on the second ^esofd^r de- 
Tuesday in June next, after the same shall be thus returned, to satisfy linquent tax- 
the taxes, assessments and penalties charged thereon. es. 

Sec. 106. On or before the twentieth day of May, annually, the County 
Auditor shall compare the delinquent list with the duplicate in the hands 
of the County Treasurer, and designate on said list all the parcels of real 
estate upon which the taxes, assessments and penalties have been paid, 
including the taxes of the then current year, and proceed to advertise the 
remainder for sale, as hereinafter provided. 

Sec. 107. Each County Auditor in this State shall, annually, cause the Delinquent 
list of delinquent lands in his County to be published weekly, for two ^^^^? *^, he 
weeks, between the twentieth day of May and the second Tuesday of §J^e ^\)ounty 
June following, in one newspaper, and no more, published in his County ; Auditor. 
and if no paper be published in said County, then in some newspaper 
having the most general circulation in said County, to which list there 
shall be attached a notice in the following form, to-wit: "Notice is porm of 
hereby given that the whole of the several parcels, lots and parts of lots notice. 
of real estate described in the preceding list, or so much thereof as will 
be necessary to pay the taxes, penalties and assessments charged thereon, 

will be sold by Treasurer of County, South Carolina, at his 

office in said County, on the second Tuesday ( — ^th) of June, A. D. , 

unless said taxes, assessments and penalties be paid before that time ; and 
suoh sale will be continued from day to day until all of said parcels, lots 
and parte of lots of real estate shall be sold or offered for sale. 

, A. D. . 

, Auditor of said County." 

And said Auditor shall insert, at the foot of the record of said delinquent 
list, a copy of said notice, and certify to the correctness thereof, in what 
paper the same was published, when and how long, and sign the same 
officially. 

Sec. 108. The County Treasurer, or his deputy, shall attend at his Sale of real 
office on the second Tuesday of June, and then and there, after the hour P^^P^^^y- 
of 10 o'clock in the morning, offer for sale, at public auction, each tract, 
parcel or lot of real estate described in the advertisement aforesaid, on 
which the taxes, assessments and penalties charged thereon shall not have 
been paid ; and the person then and there offering to pay the taxes, as- 
sessments and penalties charged thereon, for the least quantity thereof, 
shall be the purchaser ; and the Treasurer shall continue such sale, from 
day to day, until each tract, parcel or lot of real estate described in said 
advertisement, upon which the taxes, assessments and penalties shall not 
have been paid, shall be sold or offered for sale : Provided, That the sale roviso. 
thus made shall be denominated the delinquent land sale: Provided, 
Juriher, That if the land advertised for sale as aforesaid, except in incor- chased on be^ 
porated cities and villages, cannot be sold for at least one-fourth of its half of State. 



m STATCT£S AT LASGK 

A.D.lSfl6. MmsfM t d Talne, the AodikH- shall, on bAalf <^ the State, piirelij»e suffi- 
^^"""v**^ cient thereof at that rate, to aadsfr the amoimt of the taxes, aaBesBm^itg 

and peinlties aforesaid. 
P^nftlt J for Sec. 109. If the partr purchasnig any parcel of real estate at the sale 
failur<=; on the mentioned in the preceding Secti<»i shall £ul to pay the Treasurer imme- 
purchaLr^ to ^^^^^J ^^ amonnt of taxes, aasesEments and poialties charged thereon, 
rriake paj- the Treasorer shall immediatelT ofi^ the same again for sale, as if no sale 
ment. had heen made ; and the piDnehaser or porchasers so £uling to make pay- 

ment of said taxes, asseagmaits and penalties, shall forfeit and pa j a pen- 
altr of fiftj per cent, on the amount thereof which shall immediately be 
charged on the duplicate of the G>antT, by the Coonty Auditor, against 
such purchaser or purchasers, and collected as taxes, and with like penal- 
ties for delinquency ; and, when collected, <me-half thereof shall be paid 
into the County Treasury, and the other half into the State Treasury. 
Omnty An- Sec. 110. The County Auditor, or his deputy, shall attend all sales of 
ditorto make delinquent real estate made by the Treasurer of his County, and shall 
»ale**aad for- ™^^ a record of such in a substantial book, therein describing the seve- 
ward a certi- ral parcels offered for sale, as described in the advertisem^it aforesaid, 
fted copy to and stating how much of each parcel was sold, and to whom sold ; and if 
State Auditor 2^^^ parcel was offered for sale and not sold for want of bidders, or shall 
have been bid in on behalf of the State, he shall so enter it <m record ; 
and the County Auditor shall make out and certify a copy of said record, 
and forward Ihe same to the Auditor of State, by the County Treasurer, 
at the time said Treasurer makes his annual settlement with the Auditor 
of State next after such sale. 
IHstribution Sec. 111. All moneys received by the County Treasurer at any delin- 
of proceeds of quent land sales shall be distributed by the County Auditor to the seve- 
sales. j^ fimds for which they were respectively levied; after deducting the 

expenses of the advertisement aforesaid, and the State's proportion paid 
into the State Treasury by the County Treasurer, at his next annual set- 
tlement with the Auditor of State after such sale. 
Omission to Sec. 112. If the County Auditor, by inadvertence or mistake, or any 
publish. other cause, shall have heretofore omitted, or shall hereafter omit, to 
publish the delinquent list of his County, it shall be his duty, unless all 
taxes, assessments and penalties charged therein shall have been paid 
prior to the next July settlement thereafter of the County Treasurer, to 
^ charge the several parcels of real estate described in said list with said 
taxes, assessments and penalties, with the taxes, assessments and penal- 
ties of the year next succeeding such omission, and record, certify and 
. publish the same as part of the delinquent list of such succeeding year, 
according to the provisions of this Act. 
Certificates Sec. 118. Upon the payment of the proper amount into the County 
^'^P.^^^^^J^Treasury, and fifty cents to the County Auditor for the certificate, and 
hit given by *®^ cents for the transfer of each parcel of real estate purchased at de- 
County Au- liaquent land sale, the County Auditor shall give to each purchaser at 
ditor. guch sale a certificate of purchase, in which he shall describe such parcel 

as the same was describe in the delinquent list, and state when the 
same was sold and for what amount ; and if only a part of any parcel 
advertised was sold, he shall specify the quantity sold, and authorize a 
surveyor, at the request of the purchaser, his heirs or assigns, to lay off, 
Location of by metes and bounds, as near as may be, in a square form, at the most 
lands. northwesterly comer of any tract or lot of land described in sfud certifi- 



OF SOUTH CAROLINA. 61 

cate, the quantity so sold ; and if the sale be made from any city, village A. D. 1868. 
or town lot, or any part thereof, the surveyor shall be directed to so lay \— y'*--' 
off the quantity sold that the same shall extend from the principal street 
or alley forming the most convenient front to said lot to the rear of the 
lot, and to bound the same by lines as nearly parallel with the outlines 
of said lot as practicable. 

Sec. 114. No deed shall be made for any real estate sold at delinquent j)qq^^^ 
land sale until the expiration of two years from and after such sale.* Nor 
shall any survey thereof required by any certificate of purchase be made 
until the expiration of the same period of time. 

Sec. 115. The certificate of purchase at any delinquent tax sale shall Certificate! 
be assignable in law by endorsement thereon, and an assignment thereof of purchase, 
shall vest in the assignee and his legal representatives all the right and 
title of the original purchaser. 

Sec. 116. All real estate which has been or may hereafter be sold for i^edemptioi 
taxes, assessments and penalties at delinquent sale, under the laws of this of real estate 
State, may be redeemed at any time within two years from and after sold. 
such sale, and all such real estate belonging at the time of such sale to 
minors, insane persons, married women, or persons in confinement, may 
be redeemed at any time within two years from and after the expiration 
of such disability. 

Sec. 117. Any person or persons desiring to redeem any real estate Mode of re 
sold at delinquent land sale, under any law of this State, may, within one demption. 
year after the sale thereof, or within one year after the expiration of the 
disabilities named in the preceding Section, deposit with the County 
Treasurer of the County in which such sale was made, upon the certifi- 
cate of the County Auditor, a sum equal to the amount for which such 
real estate was sold, with all legal charges paid by the purchaser at such 
sale, and subsequent taxes paid by such purchaser, his heirs or assigns, 
and twenty-five per cent, penalty thereon, and the value of growing 
crops, if any there are, and two dollars to pay the expense of advertising 
as hereinafter provided ; and any person desiring to redeem any such 
real estate after the expiration of one year, and within two years after any 
such sale, or the removal of any of the disabilities aforesaid, may deposit 
with the County Treasurer aforesaid, on the certificate of the County 
Auditor, an amount of money equal to that for which such real estate 
was sold, and taxes subsequently paid thereon by the purchaser and 
those claiming under him the legal charges as aforesaid, and fifty per 
cent, penalty thereon, and two dollars to pay the expense of advertising 
as aforesaid ; also paying the Auditor fifty cents for his services in at- 
tending to such redemption in either case. 

Sec. 118. All applications for the redemption of real estate sold at Applica 
delinquent tax sale as aforesaid shall be made to the Auditor of the *|ons for re 
County in which such real estate shall have been sold by a party inter- ®"^^ ^^' 
ested in the title to said estate ; and upon such application the Auditor 
shall give to such party the certificate mentioned in the preceding Sec- 
tion, describing the real estate sought to be redeemed, and specifying the 
sum necessary for such redemption, and adding thereto the two dollars 
for expense of publishing the notice of such redemption, upon the pre- 
sentation of which to the County Treasurer of the County, and payment 
of the sums mentionedv therein into the County Treasury, the Treasurer 
shall give to the applicant duplicate receipts therefor, describing the 



62 STATUTES AT LARGE 

A. D. 1868. property as described in said certificate of the Auditor ; and upon the 
^'-"■v"— ^ delivery of one of such receipts to the County Auditor, said Auditor 
shall immediately cancel the sale and transfer the property to the party 
redeeming the same ; and such payment and cancellation shall operate 
as a release of all the rights of the purchaser at such sale, his heirs and 
assigns. 
County Au- ^^^* ^^^' ^^^ County Auditor, immediately upon the redemption of 
ditor to pub- any r^al estate as aforesaid, shall publish in some newspaper of general 
lish notice of circulation in his County, for two consecutive weeks, a notice addressed 
redemption. , ^ ^^^ purchaser and his assigns that the money has been deposited in 
the County Treasury of his County for the redemption of such real 
estate, describing the same and the time when sold for taxes ; for the pub- 
lication of which notice said Auditor shall pay the sum of two dollars 
out of the County Treasury. 
Tenants in ^^^- -^20. Any tenant in common may redeem his individual share in 
common may any real estate sold at delinquent land sale in the manner provided for in 
redeem. the preceding Sections, upon payment into the County Treasury of his 
equal proportion of the sum requisite for the redemption of the whole, 
and two dollars for the publication of the notice of such redemption. 
Cancelling Sec. 121. Upon the demand of the purchaser or his legal representa- 
certificates. tives of any real estate redeemed as aforesaid, and the surrender of the 
certificate of purchase to the County Auditor, and payment of fifty cents 
to said Auditor for his services in attending to such redemption, the 
Auditor shall cancel said certificate of purchase, file the same in his office, 
and give to such purchaser or his legal representatives an order on the 
County Treasurer for the amount of money deposited in the County 
Treasury in manner aforesaid for the redemption of the real estate de- 
scribed in such certificate of purchase. 
Redemption Sec. 122. Any person interested may, at any time before the deed is 
d^d^'^m d^^^^^^j ^y *^® County Auditor, with the consent of the purchaser of 
* any parcel of real estate sold at delinquent land sale, and the delivery 
and cancellation of the certificate of purchase, redeem such real estate ; 
and in such case, and also upon deposit of money in the County Treasury 
as aforesaid for the redemption of any real estate sold at such sale, the 
County Auditor shall note such redemption or deposit, and by whom and 
when made, on the record of delinquent land sales, and sign his name 
officially thereto, for doing which any party redeeming by consent, as 
aforesaid, shall pay said Auditor fifty cents as his fees. 
Auditor to Sec. 123. After the lapse of two years from the time of any delinquent 
make deeds Jand g^le, if any purchaser of any real estate at such sale, or his legal 
o pure asers j-gpreggntatives, shall present to the Auditor of the County in which such 
sale was made a certificate of purchase of the whole of any tract or lot of 
real estate sold at such sale, or in case of the sale of part of a tract or lot 
ofiered at such sale, present to said Auditor the certificate of sale, and the 
survey and plat of the quantity purchased, made by the surveyor, as re- 
quired by this Act, and the taxes and assessments levied on the real 
estate described in such certificate, or certificate and plat, shall have been 
so far paid as that the same is not again delinquent ; said Auditor shall 
(upon payment to him of two dollars as his compensation therefor) make 
and deliver to such purchaser, his heirs or assigns, as the case may be, a 
deed of conveyance for the real estate so sold as aforesaid : Provided, 
That where the whole of two or more several tracts or lots, or parts of 



OP SOUTH CAROLINA. 63 

tracts or lots, of real estate have been or shall be sold to the same party, A. D. 1868. 
or the certificates of purchase of different tracts or lots, or parts of ^^^-^v-"*^ 
tracts or lots, have been or shall be legally acquired by one person, and Two or more 
the party thus purchasing or holding certificates as aforesaid shall de- ^*^^ ^^ ^"^ 
mand one deed for the whole of the real estate so purchased, the County 
Auditor shall include the whole in one deed, if all the requirements of 
this Act have been complied with, so that the party demanding sucji deed 
would be entitled to separate deeds for the said several parcels of real 
estate ; and if the whole of any tract or lot of real estate has been ac- 
quired by one party by different purchases, or by assignments of certifi- 
cates of purchase, the survey and plat aforesaid shall be dispensed with, 
and the deed made for the whole ; and the deed so made by the County «. ^ f A 
Auditor for any real estate sold at delinquent land sale shall be prima ^jj^or ^\^qX[ be 
facie evidence of a good title in the grantee, his heirs and assigns, to the evidence . of 
real estate therein described. *^*^®- 

Sec. 124. Each tract or lot of land, or part thereof, or city, village or Lands for- 
town lot or part thereof, which shall be offered for sale by the County feited to the 
Treasurer at any delinquent land sale, as provided for in this Act, and State, 
not sold for want of bidders,, shall thereby become forfeited to the State 
of South Carolina, and thenceforth all the right, title and interest of the 
former owner therein shall be vested in the State of South Carolina, and 
shall be designated by the County Auditor on the list of delinquent lands • 
as "forfeited," and transferred to the State of South Carolina, and 
charged with taxes and penalties as if the same was purchased by a pri- 
vate individual, and returned by the Treasurer as delinquent until sold 
as forfeited real ^tate. 

Sec. 125. The County Auditor shall enter in a substantial book, to be Forfeited 
provided by him for that purpose, at the expense of the County, and de- |and record 
nominated the " forfeited land record," a list of all real estate forfeited to ^f^^ ^ 
or purchased in behalf of the State, according to the provisions of this 
Act, certify to the correctness thereof, and sign the same officially ; a 
copy of which list he shall certify and transmit to the Auditor of State, Copy trans- 
by the County Treasurer, at the time the Treasurer makes his annual mitted to Au- 
settlement with the Auditor of State, next after the forfeiture or purchase ^ii^^r of State. 
of such real estate, and the Auditor of State shall record the same in his 
office. 

Sec. 126. The County Auditor of any County in which any real estate Forfeited 
shall hereafter be sold at delinquent land sale shall make deeds therefor, ^^^ deeds. 
though the real estate may have been, or shall hereafter be, set off into 
another County subsequent to such sale, and such deed shall have the 
same effect as if such real estate had remained in the County in which it 
was sold. 

Sec. 127. All real estate sold at delinquent land sale, under the pro- Real estate 
visions of this Act, shall, immediately upon the certificate of purchase so^d transfer- 
being given therefor, be transferred by the County Auditor into the name^^^g^*^ P"^" 
of the purchaser. 

Sec. 128. The sale of any real estate at delinquent land sale shall not Sale not in- 
be held invalid on account of its having been charged on the duplicate validated. 
in any other name than that of the rightful owner. 

Sec. 129. If any certificate given at any sale of delinquent laifds shall Certificates 
be lost or destroyed, upon satisfactory proof thereof to the proper County iost. 
Auditor, he shall make to the party entitled thereto a deed for the real 



64 STATUTES AT LAEGE 

A. D. 1868. estate so sold, precisely as if such certificate of purchase had not been 
^— V— ' lost or destroyed. 

Minute of Sec. 130. The County Auditor shall enter in his records of delinquent 
in record^ of ^^^^ ^^^^ ^ minute of all deeds by him made in pursuance of any sales 
d e 1 i n q uent of real estate therein recorded, naming the party in whose name the same 
land sales, stood charged on the duplicate at the time of the sale, the date of the 
sale, and name of the purchaser, a brief description of the real estate, the 
quantity sold, the amount for which the same was sold, the date of the 
deed, and the name of the grantee therein ; also, a minute of all redemp- 
Redemptions tions of any real estate so sold before any deed made therefor, with the 
date of redemption, and the name of the party r^eeming. 
Rights of ^^^' ^^^' ^® purchaser of any interest of any tenant in common, in 
tenants i n any real estate, at any sale of delinquent lands, shall, on obtaining a deed 
common. therefor from the County Auditor, hold the same with the other owners, 
as a tenant in common, and be entitled to a partition of the estate so held 
in common, as other tenants in common. 
New struc- Sec. 132. It shall be the duty of each owner of lands, and of any new 
tares shall be structures thereon which shall not have been appraised for taxation, to 
listed. 2jg^ ^YiQ same for taxation with the County Auditor of the County in which 

they may be situate, on or before the twentieth day of October next after 
the same shall become subject to taxation. 
Liability for Sec. 133. Every person shall be liable to pay taxes and assessments on 
taxes. ^Y^Q j.qqI estate of which he or she may stand seized for life, by courtesy, 

in dower, as husband in right of his wife, or may have the care of, as 
guardian, executor or trustee. 
Courts shall Sec. 134. When any real estate shall be sold under any writ, order or 
®^4|^ *^^®^ proceedings in any Court, the Court shall, on motion of any person inter- 
process of ^*^6d ^ the real estate, or in the purchase or proceeds of the sale thereof, 
real estate order all taxes, assessments and penalties charged thereon to be paid out 
sold by order ^f ^j^^ proceeds of such sale, as a lien thereon prior to all others. 

Sec. 135. All taxes, assessments and penalties legally assessed shall be 
Taxes to be considered and held as a debt payable to the State by the party against 
first liens. whom the same shall be charged ; and such taxes, assessments and pen- 
alties shall be a first lien against the estate of all deceased persons ; 
against the estates of bankrupts and insolvents.; against the assets and 
estates of all persons making assignments for the benefit of creditors ; 
against all property held in trust ; against all personal property held on 
chattel mortgage, or in pledge ; against all personal property sold for the 
purpose of avoiding the payment of taxes ; against all personal property 
held by parties in fraud of creditors ; against all stocks of goods, imple- 
ments, machinery and tools of merchants or manufacturers, as against 
purchasers of the whole of such stocks upon which the taxes have not 
been paid ; and such taxes shall be first paid out of the assets of any es- 
tates of deceased persons, or held in trust as assignee or trustee, as afore- 
said, or proceeds of any property held on execution or attachment ; and 
the County Treasurer may proceed by action at law against the parties 
holding property otherwise, as above mentioned; or if he can obtain 
the possession of the property, he may distrain and sell the same pre- 
cisely as if the same had not been sold, mortgaged or pledged, as above 
mentioned. 

Sec. 136. All executors, administrators, guardians, trustees, receivers, 
oflBicers, husbands, fathers, mothers, agents or factors, shall be personally 



or SOUTH CAKOLINA. 65 

liable for the taxes on all personal property which they are required, A. D. 1868. 
respectively, to list for taxation by the provisions of this Act, and which ^^^ ^v-^-^ 
was in their possession at the time when the return thereof for taxation Executors, 
shall have been made by themselves or the Assessors, and may retain in ^fy ii?kf|for 
their hands a sufficient amount of the property or proceeds to pay such taxeg. 
taxes for the entire year ; and the County Treasurer may collect such 
taxes by any and all the means provided by this Act, either of the prin- 
cipal or beneficiary, or of the person so acting as executor, administrator, 
guardian, trustee, husband, father, mother, agent or factor, receiver or 
officer. 

Sec. 137. If any action be prosecuted against the County Auditor or Suits against 
County Treasurer, for performing, or attempting to perform, any duty County offi- 
enjoined upon them by this Act, the result of which action will affect the ^®"' 
interests of the County, if decided in favor of the plaintiff in such action, 
such Auditor or Treasurer shall be allowed and paid out of the County 
Treasury reasonable counsel fees and other expenses, for defending such 
action, and the amount of any damages and costs adjudged against him; 
which fees, expenses, damages and costs, shall be apportioned ratably by 
the County Auditor anxpng all the parties, except the State, interested 
in the revenue involved in said action ; and if the State be interested in , 

the revenue in said action, the County Auditor shall, immediately upon 
the commencement of said action, inform the Auditor of State of its 
commencement, of the alleged cause thereof, and the Auditor of State 
shall, submit the same to the Attorney-General, who shall defend said 
action for and on behalf of the State ; and if only some local levy made 
by township or other municipal authorities be involved in such suit, such 
township or other municipal authority shall employ and pay counsel, and 
all damages and costs recovered in such action ; and the County Auditor 
or Treasurer, or both, if both be sued, may, by cross petition, answer or v 

motion in Court, cause the township trustees or other local or municipal Local or mu- 
authorities interested in the revenue involved in the action to be madenicipal offi- 
jjarties thereto, (if not already parties,) and the Court in which such ac- cers may be 
tion may be pending shall cause trustees, or other local or municipal J^^^g against 
authorities, to be made parties to such action, and render judgment for County offi- 
any damages and costs which may be found in favor of the plaintiff cers. 
against said township trustees or other municipal or local authorities, and 
not against said Auditor or Treasurer. 

Sec. 138. Each County Auditor shall answer, in writing, all inquiries County Au- 
propoui^ded to him by the Auditor of State, touching the condition and <iitor to give 
•value of the real estate of his County, and changes made in the valuar ^ritlng^o the 
tions thereof in the different townships, towns, villages, cities, wards and Auditor of 
other districts ; also, as to the valuations of the different classes of per- titate. 
sonal property for taxation, as compared with their market value, and in 
relation to any and all matters which the Auditor of State may deem of 
interest to the public, or of value to him in the discharge of his duties as 
Auditor of State. 

Sec. 139. The District Assessors provided for in this Act shall each Pay ofDis- 
receive three dollars per day for his services, for each day he shall be t^ict Assess- 
actually employed in the performance of the duties enjoined upon him ^^®* 
by this Act, to be paid out of the County Treasury, on the warrant of 
the County Auditor, upon filing with said Auditor a sworn statement of 
his account for such service. 



66 STATUTES AT LARGE 

A. D. 1868. Sec. 140. Each member of the State Board of Equalization, except tha 

^ , ' State officers on said Board, provided for in the sixty-seventh Section of 

Pay of State this Act, shall receive three dollars per day for each day he shall be em- 

Equafi^tionP^^y®^ ^^ performing the duties enjoined upon him by this Act, and ten 

cents per mile for traveling to, and the same for returning from, the seat 

of Government, to be computed by the most usually traveled route, and 

paid out of the State Treasury, on the warrant of tne Auditor of State. 

Pay of City Sec. 141. Each member of the City Boards of Equalization, provided 

Eaual^ation^"'^^ ^^ *^^® '^^^' shall receive for his services, for each day actually em- 
ployed in performing the duties enjoined upon him by this Act, three 
dollars per day, to be paid out of the County Treasury, on the warrant 
of the County Auditor. 
Penalty for Sec. 142. Every County Auditor, County Treasurer, District Assessor, 
duty ^township, ward or city Assessor, who shall, in any case, refiise or know- 

ingly neglect to perform any duty enjoined on him by this Act, or who 
shall consent to, or connive at, any evasion or violation of any of the 
provisions of this Act, whereby anything required to be done by any of 
said provisions shall be hindered or prevented, or whereby any property 
required to be listed for taxation shall be unlawfully exempted, or the 
valuation thereof be entered on the return for taxation, or on the duplicate, 
at less than its true value, estimated according to the rules prescribed by 
this Act, or any tax, assessment or penalty, shall not be collected, shall 
be deemed guilty of an offence, and upon indictment and conviction 
thereof, shall be fined in any sum not exceeding two thousand dollars, 
and imprisoned in the Penitentiary for a term not less than one, nor more 
than three, years. 
Assessors to Sec. 143. Each Assessor is hereby authorized to administer all oaths 
administer necessary to be taken by any one in the assessment and return of prop- 
^^'^'- erty for taxation or necessary in the performance of any duty enjoined 

upon Assessors by law. 
Assistant As- Sec. 144. Each district, township, city or ward Assessor who shall deem 
sessors. it necessary, to enable him to complete the listing and valuation of real 

and personal property within the time prescribed by law, may, with the 
written consent and approval of the County Auditor, appoint an assist- 
ant, and assign such assistant to duty to such part of his township, dis- 
trict, city or ward as such Assessor shall designate ; and such assistant 
Assessor shall be under the control of the Assessor so appointing him, 
and the latter shall be responsible for his conduct ; and upon such assist- 
ant Assessor giving bond and taking an oath of office the same as, an As- 
sessor, to the satisfaction of the County Auditor, he shall be authorized 
to perform all the duties enjoined upon Assessors by law. 
Governor to Sec. 145. The Grovemor is hereby authorized, by and with the advice 
appoint offi- ^^(j consent of the Senate, to appoint the State Auditor, County Auditor, 
^®^^* County Treasurer and Assessors required to perform the duties prescribed 

in this Act, and to require such bonds from said officers as he may deem 
necessary ; and he is also authorized, during the current year, to increase 
the number of Assessors, if he may deem it necessary to accomplish the 
assessment within the time required in this Act. 
In absence Sec. 146. If the Senate is not in session when a vacancy occurs in any 
of Senate, of said offices, then the Governor shall fill such vacancy by appointment, 
and the officers thus appointed shall continue in office until the expira- 
tion of the next term of the Greneral Assembly ; and if they shall be con- 



OF SOUTH CAROLINA. 67 

Brmed by the Senate, they shall continue in office until the expiration of A. D. 1868. 
the regular term and their successors are appointed and qualified. "^-""v^-^ 

Sec. 147. If any of the duties required to be performed in this Act on Extension 
[)r before a certain day by any officer herein named cannot, for want of ^ *^"^®' 
proper time, be so performed, the State Auditor, with the approval of the 
Governor, upon proper evidence of the necessity of the same, may extend 
the time as long as may be necessary therefor. 

Sec. 148. There shall be printed, in pamphlet form, fifteen hundred Printing of 
copies of this Act, for general circulation, and for the benefit of theAc* in pam- 
omeers created under the provisions of this Act, together with such regu-^^^*^ &c 
lations and forms as may be established, the whole to be under the direc- 
tion of the State Auditor. 

Sec. 149. All Acts, or parts of Acts, inconsistent with this Act are Inconsistent 
hereby repealed. Actsrepealed 

Sec. 150. This Act shall take effect from its passage. 

In the Senate House, the fifteenth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES Jr., Speaker House of Representatives. 

Approved : Robert K. Scott, Governor. • 



AN ACT TO incorporate the Wando Mining and Manupactur- No. 23. 

iNG Company. 

Section 1. Beit enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same, That John R. Dukes, T. C. H. Dukes, Corporators. 
J. M. Carson, J. P. Smith, B. C. Ebaugh, St. Julien Ravenel, Samuel 
Lord, W. B. Dingle, J. W. Carmalt, Lewis D. Mowery, H. J. Pelzer and 
W. G. Whilden, and that their associates and successors, are hereby made 
and created a body politic and corporate in law, for the purpose of carry- Purposes. 
ing on any kind of manufacturing, mining or chemical business, with a 
capital of one hundred thousand dollars, to be divided into one thousand Capital. 
shares of one hundred dollars each. 

Sec. 2. The said company shall have power, from time to time, to in- Powers. 
crease their capital stock to any amount not exceeding five hundred 
thousand dollars, including their present capital stock, whenever a major- 
ity of the stockholders present at any general meeting, or the Board of 
Directors, by their authority, shall determine. And such additional stock 
shall be divided exactly among the stockholders, in proportion to their 
shares in the capital stock of the company at the time of such ^increase ; 
but in case any stockholder should not desire to take his or her propor- 
tion of such increased stock, the same shall be allotted among the remain- 
ing stockholders, or books may be opened for the purpose of obtaining 
additional subscribers to such increased stock, in such manner as the com- 
pany may deem expedient ; and in no case shall the members who are 
unwilling to take their proportion in such increase of stock be assessed to 



« STATUTES AT LARGE 

A. D. 1868. contribute or to make up such increase ; such additional stock shall be 
^*-*>'— ' subject to all the same provisions, restrictions and conditions as are di- 
rected by the provisions of this Act, and any such additional subscribers 
shall thereby become members of this company, and subject, in like man- 
ner, in proportion to their interests, to all the burthens, liabilities, respon- 
sibilities and conditions imposed upon the members of this company. 
Neglect to Sec. 3. That if the proprietor of any share shall neglect to pay any 
pay instal- instalment assessed thereon, for the space of thirty days after the time 
^®^ ^' appointed for the payment thiereof, the Treasurer of the company, by the 

order of the Directors, may sell, by public auction, a sufficient number of 
shares standing in the name of sucn stockholder to pay all the instalments 
then due from him, with all necessary incidental charges. The Treasurer 
shall give notice of the time and place of sales, and of the sum due, by ad- 
vertising the same three weeks successively before the sale, in one of the 
Charleston newspapers ; and a bill of sale of the share or shares so sold, 
made by the Treasurer, shall transfer said stock to the purchaser, who 
shall be entitled to a certificate thereof. 
Liability of Sec. 4. That every shareholder of the said company shall be individu- 
stockholders. ^Hj jjable for all debts contracted during the time he or she shall be a 
shareholder in the said company, to the extent of the par value of his or 
Provisos, her shares in the same : Brovided, That no person holding stock in the 
said company as executor, administrator, guardian or trustee, and no per- 
son holding such stock as collateral security, shall be personally subject 
to any liability as stockholder of such company ; but the person pledging 
such stock shall be considered as holding the same, and shall be liable as 
a stockholder accordingly, and the estate and funds in the hands of such 
executor, guardian or trustee shall be liable, in like manner, and to the 
same extent, as the testator or intestate, or the ward or person interested 
in such manner, and to the same extent as the testator or intestate, or the 
ward or person interested inisuch trust fund, would have been, if he had 
been living and competent to act and hold the said stock in his own 
name : Arid provided, further, That no stockholder shall be personally 
liable for the payment of any debt contracted by the said company, 
which is not to be paid within one year from the time the debt is con- 
tracted, nor unless a suit for the collection of such debt shall be brought 
against said company, within one year after the debt shall become due ; 
and no suit shall be brought against any stockholder who shall cease to 
be a stockholder in said company, for any debt so contracted, unless the 
same shall be commenced within two years from the time he shall have 
ceased to be a stockholder in said company, nor until an execution 
against the company shall have been returned unsatisfied, in whole or in 
part. 
Power to Sec. 5. That the said company shall have such number of officers as 
*PP^|^* ^^" shall be ordained and chosen by the rules and by-laws to be made for 
cers, c. their government and direction, and shall have power and authority to 
make aH rules and by-laws, not repugnant to the laws of the lana, to 
regulate the issue of script and transfer of shares, to have and to keep a 
common seal, and the same to alter at will, to sue and be sued, plead and 
be impleaded, in any Court of law or equity, to purchase, take and hold, 
sell and alien, in fee simple, or for any less estate, lands, tenements, 
hereditaments, goods, chattels, rights and credits, which may be con- 
nected with, or in any manner cond||pive to, the purpose for which said 



OP SOUTH CAROLINA. 69 

compsiny is established, to dig and mine for earths, marls, rocks amd A.D.1B68. 
minerals, to manufacture the same, and such other material as they may 
purchase, into chemicals, acids and fertilizei^, to carry on trade therein, 
and to cultivate such lands as may be purchased by the said company 
for the purposes aforesaid. 

Sec. 6. That this Act shall be deemed and taken to be a public Act, 
and shall continue of force for thirty years. 

In the Senate House, the seventeenth day of September, in the year of 
our liord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKXIN J. MOSES, Jr., Speaker House of Representatives. 

Approved: Robert K. Soott, Governor. 



AN ACT TO PROVIDE TRANSPORTATION FOR CONVICTS DISCHARGED No. 24. 

FROM T^HE State Penitentiary. 

Section 1. Beit enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, To be fur- 
and by the authority of the same. That whenever a convict shall be dis- nished trans- 
charged from the Penitentiary it shall be the duty of the Superintend- Pf^^^^^^° ^°^ 
ent to furnish such convict with a suit of common clothes, if deemed 
necessaoy, and transportation from the Penitentiary to his home, or as 
near thereto as can be done by public conveyances. 

Sec. 2. That the cost of such transportation and clothes shall be paid Payment for 
at the Treasury, on the draft of the Superintendent, countersigned by the*^*^y^^^**' 
Comptroller-General. ^^^ 

In the Senate House, the seventeenth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J., MOSES, Jr., Speaker House of Representatives. 

Approved : Robert K. Scott, Governor. 



AN ACT to extend the time for officers to qualify. No. 25. 

Section 1. Be it enactied by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same, That all officers heretofore elected e t ' of 
be, and are hereby, allowed until the first day of January, 1869, to qual- time. 
Ify and enter upon the duties of th^ respective offices ; and on failure 



TO STATUTES AT LARGE 

A. D. 1868. to qualify within the above specified time, their respective offices shall 
^*-^v~^ be declared vacant by the Governor. 

Bonds not Sec. 2. That in all cases where the County Commissioners refuse to 
feire^* to At- ^PP^^^^ t-^® bonds of any County officers, the said officers may refer the 
torney - Gen- same to the Attorney-General, and if approved by him^hall be accepted 
eral. by tlfe County Commissioners. 

Sec. 3. That all Acts and parts of Acts inconsistent with this Act are 
hereby suspended until after the first day of January next, except the 
Act to organize the Supreme Court. 

In the Senate House, the seventeenth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 

Approved : Robert K. Scott, Governor. 



No. 26. AN ACT to enable the Chatham Railroad Company to extend 

THEIR ROAD TO COLUMBIA. 

Section 1. Beit enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 

Incorporated jm^ by the authority of the same, That the Chatham Railroad Company, 
a corporation created by the laws of the State of North Carolina, be, and 
the same is hereby, declared and constituted a body politic and corporate, 
by the said name, under the laws of this State, with the general rights, 
powers and privileges usually incident to such corporations. 
p , Sec. 2. That the Chatham Railroad Company shall have power to ex- 

cate^oad? ^"tend their road, with one or more tracks, from the point where their roftd 
shall reach the dividing line between the States of North and South 
Carolina through or near the corporate limits of the towns of Cheraw 
and Camden to the city of Columbia, by a route to be selected by the 
said company, and shall have the privilege of using any portion of their 
road before the whole is completed. 

Other powers Sec. 3. That the company hereby created shall have all the powers, 
rights and privileges, granted by the charter, and amendments thereto, of 
the Northeastern Railroad Company to that company, subject to the con- 
ditions therein contained, except in so far as the special provisions of this 
Act may require the same to be modified, varied or abrogated. 
« . « Sec. 4. Whenever, in the construction of said railroad, it shall be^ 

estabH^fedDLecessary or desirable to cross or intersect any established road or way,* 

roads. it shall be the duty of the said company so to construct their railroad 

across such established road or way as not to impede the passage of per- 
sons or property along the same. And in case it should become neces- 
sary or desirable to occupy any such established road or way, it shall be 
lawftil for the said company to change such road or way, at such points 
as may be deemed expedient by the company ; and that, for entering 
upon, and taking any land that may be necessary therefor, the said com- 
pany is hereby vested with the same powers as are herein given for the 



OF SOUTH CAROLINA. 71 

entering upon and taking of any land which may be necessary for the A. D. 1868. 
cohstruction of the said railroad : Provided, That previous to the mak- ^*— v-"— ^ 
ing of any such change, the said company shall make and prepare for Proviso. 
travel a road equally good with the portion of the road so occupied ; but 
nothing herein contained shall be so construed as to require the com- 
pany to keep in repair any portion of any road which may have been 
changed as aforesaid. 

Sec. 5. The said company, by its officers, agents and employees, shall Eight to en- 
have full power to enter upon all lands and tenements, through or over J ®r upon 
which they may desire to construct the said railroad, and to lay out the ^^^^^• 
same according to their pleasure, so that the dwelling-house, yard, garden 
or grave-yard of no person be invaded without his consent, and in like 
manner shall have power to enter upon and lay out such contiguous 
lands as they may desire to occupy as sites for depots, toll-houses, ware- 
houses, engine sheds, workshops, water stations, and other buildings for 
the necessary accommodation of their officers, agents and employees, their 
horses and other animals, and for the protection of property entrusted to 
their care : Provided, however, That the land so laid out on the line of Proviso, 
said railroad shall not exceed, except at deep cuts and fillings, one hun- 
dred feet on each side of the centre of the track of said road, and at such 
deep cuts and fillings shall not exceed a width sufficient for the construc- 
tion of the banks and deposits of waste earth ; and the adjoining lands for 
the sites of the depots aj^d other buildings shal> not exceed ten acres in 
any one place, unless the company can agree with the owner for the pur- 
chase of the same. In case the said company shall, from any cause, be 
unable to obtain land or right of way as aforesaid, by agreement with the 
owner or owners of the land, then the said company shall be authorized 
to take the same at a valuation to be fixed in the same way as is pro- 
vided in a charter of the Northeastern Railroad Company, subject how- 
ever to the provisions of an Act entitled " An Act to declare the man- 
ner by which the lands of persons or corporations may be taken for the 
construction and uses of railways and other works of internal improve- 
ment." 

Sec. 6. The said company shall have the exclusive right of conveying Eight of 
and transporting persons and property over said railroad at such cKarges transporting 
as may be established by a majority of the ^oard of Directors. persons, c. 

Sec. 7. Suits shall be commenced against said company by service of . 
process on the President, Superintendent, or principal agent at Cheraw '* • 

or Columbia, or at any other place in the State where they or either of 
them may be found. 

Sec. 8. The said company shall have power to purchase, hold and con- Power to 
vey land in this State to any amount, not exceeding twenty thousand ^^^^ lands. 
acres at any one time. 

Sec. 9. That the railroad hereby authorized to be constructed shall be Time to 
commenced within one year, and completed within five years, from the andconfp^ete 
ratification of this Act, or this charter shall be forfeited. the road. 

Sec. 10. That this Act shall be deemed and taken to be a public Act, Term of 
and shall continue in force for the term of ninety-nine years from its rat- continuance. 
ification, and shalf in nowise be subject to the provisions of the forty-first 
Section of an Act entitled " An Act to incorporate certain villages, so- 
cieties and companies, and to renew and amend certain charters hereto- 
fore granted, and to estabHsh the principles on which charters of incor- 

1 



n STATUTES AT LABGE 

AD.lwa pcmition will hereafter be granted/' ratified the seventeenth day of De- 
cember^ A. D. 1841. 

In the Senate House, the seventeenth day of September, in the yeair 
our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKXm J. MOSES, Jr.-, Speaker House of Representatives. 

Approved : Robebt K. Scott, Governor. 



No. 27. AN ACT to amend an Act entitled " An Act to authorize a 

LOAN to redeem THE OBLIGATIONS KNOWN AS THE BiLLS RECEIVA- 
BLE OF THE State of South Carolina." 



Act amend- 



Be it encoded by the Senate and House of Representatives of the State of 
South Carolina, now met and sitting in General Assembly, and by the 
^^uu auieuu- authority of the same. That the fourth Section of an Act entitled " An 
Act to authorize a loan to redeem the obligations known as the Bills Re- 
ceivable of the State of South Carolina " be amended by inserting at the 
end of said Section the following words, to-wit : " and the taxes which 
Taxes shall be collected by the State are hereby pledged for the payment of 
pledged. ^^^^ principal and. interest of the said bonds." 

In the Senate House, the eighteenth day of September, in the year 
^ of our Lord one thousand eight hundred and sixty-eight. 

' L. BOOZER, President of the Senate. ' 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 

Approved: Robert K. Soott, Governor. 



No. 28. AN ACT to alter and amend an Act entitled " An Act to ob- 

OANIZE THE CiRCUIT CoURTS." 

Section 1. Be it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 

cuit*"^ ' ^^^ ^y *^® authority of the same, The Counties of Chesterfield, Marlboro, 
Marion, Darlington and Fairfield shall constitute the fourth Circuit. 

Fifth Circuit The Counties of Kershaw, Richland, Newberry and Lexington shall 
constitute the fifth Circuit. 
Courts at Sec. 2. The Circuit Courts in the County of Fairfield shall hereafter be 

Fairfield. held at Winnsboro on the second Monday of March, July and Novem- 
ber ; and the Court of Common Pleas at Winnsboro onf*the first Wedn^ 
day aft«r the second Monday of March, July and November. 

At Kershaw. The Circuit Courts in the County of Kershaw shall hereafter be held at 
Camden on the first Monday of January, May and September ; and the 



OF SOUTH CAROLINA. 78 

Court of Common Pleas at Camden on the first Wednesday after the first -A^- 1^« 18^- 
Monday of January, May and September. 

Sec. 3. Be it further enacted, That so much of an Act entitled " An 
Act to organize the Circuit Courts " as is inconsistent with this Act be, 
and the same is hereby, repealed. 

In the Senate House, the eighteenth day of September, in the year of 
our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved / Robert K. Scott, Governor. 



AN ACT TO ORGANIZE THE SUPREME CoURT. No. 29. 



Sessions of 



Section 1. Beit enacted by the Senate and House of Representatives 
of the' State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same. The Supreme Court shall hold, an- 
nually, at the seat of Government, two sessions ; the one commencing on Court? 
the fourth Tuesday of November, and the other the first Tuesday of April. 
It shall be the duty of all the Justices to be present, and the Chief Jus- 
tice shall preside. In the absence of the Chief Justice, the Justice oldest 
in commission shall preside. 

Sec. 2. If at any stated term of the Supreme Court two Justices thereof . , . 
shall not attend on the first day of the term, the Justice that may attend ments!^^'^ 
shall have authority to adjourn said Court, from day to day, for ten days 
after the time appointed for the commencement of said term, unless two 
Justices shall sooner attend ; and the business of said Court shall not, in 
such case, be continued over to the next stated term thereof until the ex- 
piration of said ten days. 

Sec. 3. The Justices of the Supreme Court shall qualify within five 
months after the date of their election, by taking the oath prescribed by ^^ysti^es to 
the thirtieth Section of Article II of the Constitution, or the office be 
declared vacant by the Governor, and shall enter forthwith upon the 
duties of their offices ; such oath of office shall be administered to the ^at^ o^ ^^' 
Justices chosen at the first election, if qualified under the Constitution, ^®* 
by the Governor of the State; and when such Justices shall be chosen at 
any subsequent election, such oath shall be administered in like manner, 
and under like conditions and limitations, by a Justice of said Court. 

Sec. 4. The Supreme Court shall be a Court of record, and the books Court of 
of record thereof shall, at all times, be subject to the impection of the record, 
citizens of the State, or other persons interested. The Clere of said Court jy .. - 
shall have the custody and keeping of its records, and shall furnish cer- Clerk. 
tified copies thereof to persons desiring the same, upon the payment of 
the fees prescribed by law. Said records shall be kept in the manner 
prescribed, from time to time, by the Justice of the Court. 

Sec. 5. All books of record, all files, and all property of the Court of 
Appeals, of Law and Equity, and of the Court of Errors, existing under 



H STATUTES AT LARGE 

A. D. 18C8. the late Provisional Government of South Carolina, shall be transferred 
**— V-— ^ to the Supreme Court, and all causes pending in Courts under the laws of 
Transfer of said Provisional Government shall have day, be heard, tried and deter- 
other Cou^ptT ^^^®^ ^^ *^® Supreme Court without change of process or form of pro- 
' cedure, with all rights respected and preserved ; and all processes and 
recognizances of every kind, whether respecting bail, bonds, costs or 
otherwise, which relate to said causes, shall be considered as belonging to 
said Court in the same manner as if they had been issued or taken in 
reference thereto. 
Power to Sec. 6. Each of the Justices of the Supreme Court shall have power 
issue writs, to administer oaths, issue writs of injunction, mandamuSi^ quo warranto y 
^^2^^^^ Aaiecw corpus, and other remedial writs, according to the principles aQd 
course of common law heretofore existing in the State of South Carolina, 
which is hereby declared to be of force, so far as applicable, and not in- - 
consistent with the Constitution, subject, on motion of either party, to 
re-examination, affirmance or reversal, and final adjudication by the 
proper jurisdiction. 
Sheriff of Sec. 7. The Sheriff of Richland County shall attend every session of 
Kichland. the Supreme Court, to perform such official service as by the said Court 
shall be required, and he shall be allowed and paid therefor at the rate 
of five dollars per day. Said Sheriff shall, under the direction of the 
To procure Chief Justice, secure a suitable room in which to hold said Court, and 
tions.°^°^^ *' offices for use of the same, and provide necessary furniture, printing, blank 
books, stationery, fuel and lights ; and the accounts and vouchers for all 
of said expenditure and service shall be certified to under oath by said^ 
Sheriff, approved by the Chief Justice, audited by the Comptroller-Gen — 
eral, and paid by the Treasurer of the State, out of any funds not other — 
wise appropriated. 
Special term. Sec. 8. A special term of the Supreme Court shall be held in the cit}^" 
of Columbia, on the third Monday in September, A. D. 1868, at 1^ 
o'clock M. of that day, or as soon thereafter as practicable, at whictm. 
term said Court shall have authority to transact any business pertaining- 
thereto, which, in their judgment, may require dispatch. 

Sec. 9. All Acts and parts of Acts inconsistent with this Act, or sup- 
plied by it, are hereby repealed. 

In the Senate House, the eighteenth day of September, in the year of 
our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robert K. Scott, Governor. 



No. 30. AN ACT to extend the charter of Kinsler's Ferry. 

Be it enacted by the Senate and House of Representatives of 

the State of South Carolina, now met and sitting in General Assembly, 

Extension of *^^*^ ^^ *^® authority of the same. That the charter heretofore granted to 

charter. William Kinsler, Edward Kinsler and H. O. Kinsler to establish a ferry 

over the Congaree River, near the city of Columbia, be, and the same is 



OF SOUTH CAROLmA. 75 

hereby, extended for the term of fourteen years from the expiration of A. D. 1868. 
said charter, with authority to charge the same rates of toll as now ^-^^-— ^ 
allowed by law : Provided, The said William Kinsler, Edward Kinsler Proviso, 
and H. O. Kinsler, their heirs or assigns, shall keep one or more good 
substantial ferry boats, together with a suitable rope or chain, or such I'erry boats, 
other contrivance as will ensure prompt and safe transportation across pj.^^'jjj*^ 
said stream. 

In the Senate House, the eighteenth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 
- FRANKLIN J. MOSES, Jr., Speaker House of Reprewmtative*. 
Approved : Robert K. Scott, Governor. :t 



AN ACT FOR THE PRESERVATION OP THE StATE CaPITOL. No. 31. 

• 

Be it enacted by the Senate and House of Representatives of the 
State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same, That His Excellency the Gov- ^ 
emor be authorized to invite proposals for repairing the roof of the State ^^rprop^ 
Capitol, and for closing and securing the doors and windows, so as to pre- sala. 
vent further injury and deterioration of the building, and to enter into a 
contract with the lowest and best bidder for the execution of the work. 

In. the Senate House, the eighteenth day of September, in the year of 
our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN X MOSES, Jr., Speaker House of Represemtativei. 
Approved : Robert K. Scott, Governor. 



AN ACT to amend an Act entitled " An Act to incorporate the No. 32. 
Air Line Railroad Company in South Carolina." 



Counties 



Section 1. Be it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same. That from and after the passage ofau^Q^ized to 
this Act, it shall be lawful for any County, town or city in this State, subscribe to 
interested in the construction of the Air. Line Railroad in South Carolina, capital stock. 
or any branch thereof, to subscribe to the capital stock of said company, 
or of any company with which it may consolidate or unite, such sum, and 
to be payable in such manner as the people or the proper authorities of 
such County, town or city shall deem best, determine and authorize ; and 
iaid company is hereby further authorized to receive subscriptiozia to its 



76 STATUTES AT LARGE 

A. D. 1868. capital stock in lands or labor, as may be agreed upon between said 
**—— \^— ^ company and such subscribers; and for the purpose of facilitating the 
early and economical construction and equipment of its road and works 
aiSeand^dis- ^^^ ^®®' "^^^ acquire, by grant, purchase, lease or otherwise, any estate 
pose of prop- whatsoever, and the same hold, use, sell, convey and dispose of, as the 
erty. interests of said company may require, and may create and issue, as far 

as may be necessary, in payment for construction, material, or other costs 
and needful expenditures of said company, a preferred stock, in such 
tto6k ^'^^^^^^orn^ ^ ^^J ^^ determined by the management of the company, to an 
amount not exceeding one million of dollars, to be held as a part of the 
authorized capital stock of said company, and the same, or any portion 
thereof, to dispose of as the interests of said company shall require. 
Sec. 2. B^ it further enacted, by the authority aforesaid. That the said 
Location of Air Line Railroad Company in South Carolina shall have authority to 
road. locate and construct its works from any point on the Savannah River at 

which the Georgia Air Line Road may strike the same, thence along the 
most feasible route, to be by them selected, over the territory of this 
State, to such point on the line of the State of North Carolina as the 
company may select ; and if said company shall (as authorized by its 
charter) consolidate or unite with any other company or companies, it 
may adopt such other or modified corporate name, and increase or dimin- 
ish the number of Directors now provided for, as shall be deemed best and 
agreed upon by such companies. 

In the Senate House, the eighteenth day of September, in the year of 
our Lord one thousand eight huncired and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robebt K« Scott, Governor. 



t/al«l »w na. 



No. 33. AN ACT to depike the jtmisDiCTiON and regulate the practice 

OP Probate Courts. 

Section 1. Be it enacted by the Senate and House of Representatives 
r rf f h ^^ ^^^ State of South Carolina, now met and sitting in General Assembly, 
lishedineach ^^^ ^7 *^® authority of the same, In pursuanca of Section 20 of Article 
County. IV of the Constitution, a Court of Probate is hereby established in each 
of the several Counties in the State, which shall hold a session on the first 
Monday of each month at or near the court house, and continue thereaf- 
ter so long as the business may require. 
Sec. 2. The Court of Probate shall be a Court of record, and have a 
cOTd? "^ "* '^''" seal, may appoint a Clerk, and may remove him at pleasure, and on 
failure of the Court to appoint such Clerk, the Judge of the Court may 
Clerk. perform all the duties of Clerk. 

Duties of. S^^' ^' ^^^ Clerk of the Court of Probate shall keep a true and fair 
record of each order, sentence aud decree of the Court, and of all other 
things proper to be recorded ; and on the legal fees being paid, shall give 



Sessions. 



Court of re- 



OP SOTJTH CAROLINA. . 77 

true and attested copiea of the files and proceedings of the Court. All A. D. 1868. 
copies so attested shall be legal evidence in the Courts of this State. ^'-— v^-^ 

Sec. 4. Every Judge of Probate, in his County, shall have jurisdic- Jurisdiction 
tion in all matters testamentary, and of administration in business apper- ^^ Judges, 
taining to minors and the allotment of dower, cases of idiocy aijd lunacy, 
and persons non compotes mentis. 

Sec. 5. The Judge of Probate shall have jurisdiction in relation to the In relation 
appointment and removal of guardians of minors, insane and idiotic *^ guardians, 
persons, and persons non compotes mentis, and in relation to the* duties 
imposed by law on such guardians, and the management and disposition 
of the estates of their wards. He shall exercise original jurisdiction in 
relation to trustees appointed by will in cases prescribed by law. 

Sec. 6. He may exercise jurisdiction of all petitions for partition of real in relation 
estate where no dispute exists in relation to the title thereof; and when to titles and 
the title to such real estate is disputed, he sl^all refer the same to the P^^^^^^g^^^^ ^* 
Circuit Court for adjudication, unless the parties shall consent to his de- 
termination of the same. The prqbate of the will and the granting of ad- pj.o][)ate of 
ministration of the estate of any person deceased shall belong to the Judge wills. 
of Probate for the County in which such person was last an inhabitant ; 
but if such person was not an inhabitant of this State, the same shall be- 
long to the Judge of Probate in any County in which the greater part of 
liis or her estate may be. 

Sec. 7. All proceedings in relation to the settlement of the estate of 
any person deceased shall be had in the Probate Court of the County in 
ivhich his will was proved or administration of his estate was granted. 

Sec. 8. All proceedings in relation to the property or estate of any gg^j^^gg^j^^jg^ 
person under guardianship shall be had in the Court of Probate of the guardianship 
County in which the guardian was appointed. 

Sec. 9. No Judge of Probate shall act as such in the settlement of any Judges not 
estate wherein he is interested as heir or legatee, executor or administra- 1^ ^^t when 
tor, or as guardian or trustee of any person ; in every such case the ^^ ®^®*^® • 
Judge of Probate of any adjoining County shall have jurisdiction, and 
it shall be his duty, upon application, to attend at some term of the 
Court of Probate in which such case may be pending, which shall not 
interfere with the duties in his own County, and hear and determine such 
case. 

Sec. 10. The Judge or Clerk of the Probate Court shall have power Power to 
to administer all oaths necessary in the transaction of business before the 8- d minister 
Probate Court, and all oaths required by law to be administered to per- ^^^'^^' 
sons executing trust under the appointment of said Court. 

Sec. 11. Probate Courts may issue all warrants and processes in con- issue war- 
formity to the rules of law, which may be necessary to compel the at- rants and 
tendance of witnesses, or to carry into effect any order, sentence or decree Processes. 
of such Courts, or the powers granted them by law. 

Sec. 12. If any person shall refuse or neglect to perform any order, j . - 

sentence or decree of a Probate Court, such Court may issue a warrant, contumacy 
directed to any Sheriff or Constable in the State, requiring him to appre- may commit 
hend and imprison such person in the common jail of the County, and*^ J*^^^* 
if there be no jail of the County, then in the jail of the adjoining County, 
until he shall perform such order, sentence or decree, or be delivered ^ 

by due course of law. 

Bec. 13. When a witness whose testimony is necessary to be used b^^ 



78 ' STATUTES AT LARGE 

A. D. 1868. fore any Probate Court shall reside out of this State, (or more than 
^■-■^v— ^ thirty miles from the place of holding Court,) or by reason of age or 
To take tes- bodily infirmity shall be unable to attend in person, the Court may issue 
imony. ^ commission to one or more competent persons to take the testimony of 

such witness ; and depositions taken according to the provisions of the 
law for taking depositions to be used on the trial of civil causes may be 
used on the trial of any question before the Probate Court where such 
testimony may be proper. 
Exclusive Sec. 14. When any Probate Court shall have first taken cognizance 
jiirisdiction. ^f ^^^e settlement of the estate of a deceased person, such Court shall 
have jurisdiction of the disposition and settlement of all the estate of 
such deceased person to the exclusion of all other Probate Courts. 
. Not to be Sec. 15. The jurisdiction assumed by any Probate Court in any case, '• 
contested. g^ f^j. ^ [^ depends on the place of residence or the location of his estate, 
shall not be contested in apy suit or proceeding whatever, except in an 
appeal from the Probate Court in the original case, or when the want of 
jurisdiction appears on the record. ^ 
Judge may Sec. 16. When, by law, a guardian is required to be appointed of a 
appoint guar- minor, who is interested as heir or legatee, or representative of such heir 
dians. Qj. legatee, in any estate which is in a course of settlement, such guardian 

shall be appointed by the Probate Court for which such estate is in 
-jyj. course of settlement ; but afterwards, if the minor shall reside in anothei^ 

appoint gua^ County, and is of the age of fourteen years, he may choose and have a^ 
dian. guardian appointed in the County where he shall reside ; and in that^ 

case the powers of the first guardian shall cease. In all other case^ 
guardians shall be appointed by the Probate Court of the County wher^ 
the persons for whom the guardian shall be appointed shall reside. 
Jurisdiction ^^^' ^^' "^^^ Probate Court, by which a guardian shall be appointed, 
of ward's es- shall have jurisdiction of the estate of the ward, and shall be alone 
tate. authorized to permit the sale of such estate, and settle such guardian's 

accounts. 
Times and Sec. 18. Except as provided in the first Section, the Probate Court in 

S^olYin^ff^^^^^^^^^y^®^ PP^^^*^^^^ times and places for holding Courts as 
Courts. shall be judged most convenient for all persons interested, and shall give 

notice of such times and places in one or more newspapers circulating m 
the County, 
Open at all Sec. 19. The Probate Court shall be deemed open at all times for th^ 
times. transaction of ordinary business which may be necessary, when previous 

notice is not required to be given to thejpersons interested. 
Adjourning Sec. 20. A Probate Court may be adjourned as occasion may require ; 
Court. ^jj^ when the Judge is absent at the time for holding a Court the Clerk 

By Clerk ^^ adjourn it. ^ - 

Appellate Sec. 21. The Circuit Court shall have appellate jurisdiction of all 
jurisdiction, matters originally within the jurisdiction of the Probate Court. 
Jurisdiction Sec. 22. The Supreme Court shall have jurisdiction of all questions of 
of Supreme law arising in the course of the proceedings of the Circuit Court, in pro- 
Court. ^^^Q matters, in the same manner as provided by law in other cases. 

Persons ag- Sec. 23. Any person interested in any order, sentence or decree of any 

grieved may Probate Court, and considering himself injured thereby, may appeal there- 

cF^c^Vc urt^^^°^ *^ ^^® Circuit Court in the same County, at the stated session next 

after such appeal, and such appeal shall be granted by the Probate Court, 

if application be made and filed in the Clerk's office within fifteen days 

from the date of the decision appealed from. 



OF SOUTH CAROLIKA- 7& 

Sec. 24. In all cases of appeal from the proceedings of the Probate A. D. 1868. 
Court, before such appeal shall be allowed, the person appealing shall ^-^v— -^ 
give a bond to the satisfaction of the Probate Court, with a condition that Shall give 
lie shall prosecute such appeal to effect, and pay all intervening damages ecute ^^^^' 
and costs occasioned by such appeal. 

Sec. 25. In all cases of appeal the appellant shall file in the Probate Grounds of 
office his grounds of appeal, and cause a copy thereof to be served on the »PP®*^1 fi^®^- 
adverse party, at least twelve days before the time when the appeal is to 
be entered in the Circuit Court. 

Sec. 26. The person appealing shall procure and file in the Circuit Certified cop» 
Court to which such appeal is granted a certified copy of the record o^ Jo\e filed!^' 
the proceedings appealed from, of the application and grounds for the 
appeal filed in the Probate Court, and of the allowance of the same, to- 
gether with the proper evidence that notice has been given to the adverse 
party according to law. 

Sec. 27. When an appeal, according to law, is allowed by the Probate proceeding 
Court, all proceedings in pursuance of the order, sentence or decree ap- stayed in 
pealed from shall cease until the judgment of the Circuit or Supreme cases of ap- 
. Court is had; but if the appellant, in writing, waives his appeal before P®*^* 
the entry thereof, proceedings may be had in the Probate Court as if no 
appeal had been taken. 

Sec. 28. When such certified copy shall have been filed in the Circuit Proceedings 
Court, such Court shall proceed to the trial and determination of f^^ij^^^^^.^'^*^^^* 
question according to the rules of law ; and if there shall be any question 
of fact or title to land to be decided, issue may be joined thereon under 
the direction of the Court, and a trial thereof had by jury. 

Sec. 29. The Circuit CoUrt or Supreme Court, as the case may be, may rpj^j^j^g ^osts. 
tax costs for the party who shall prevail ; or when, in the opinion of the 
Court, justice shall require it, the Court may deny such costs, and may 
tax costs for either party ; and if costs be taxed against an executor or 
administrator, the same shall be allowed to him in his administration ac- 
count. 

Sec. 30. If ^he person appealing from the proceedings of the Probate Neglect to 
Court, as provided in this Act, shall neglect to enter his appeal, the Cir- enter appeal. 
cuit Court to which such appeal shall be taken, on motion, and producing 
attested copies of such appeal by the adverse party, shall aflSrm the pro- 
ceedings appealed from, and may allow costs against the appellant. 

Sec. 31. The final decision and judgment in cases appealed, as herein- yinal jude- 
before provided, shall be certified to the Probate Court by the Circuit ment to be 
Court or Supreme Court, as the case may be, and the same proceedings certified. 
shall be had in the Probate Court, as though such decision had been 
made in such Probate Court. 

Sec. 32. No Judge of any Probate Court shall be admitted to have Jud^o not 
any voice in judging or determining any appeal from his decision, or be to participate 
permitted to act as attorney or counsel thereon, or receive fees as counsel j^ ^on^^ap- 
m any matter pending in the Probate Court of which he is Judge : Pro- peal. 
vided, It shall be lawful for Judges of Probate to practice law in other 
Courts in such cases as are not cognizable in Court of Probate. 

Sec. 33. All proceedings in the Court of Probate shall be commenced proceedings 
by petition to the Judge of Probate for the County to whom the jurisdic- to be com- 
tion of the subject matter belongs, briefly setting forth the facts or grounds JJ??^?®^ ^ ^ 
of the application. petition. 



» STATUTES AT LARGE 

A. D. 1868* Sec. 34. The Supreme Court may, from time to time, make rules regu« 
^•"^-^r^'^ lating the practice and conducting the business in the Courts of Probate, 
in all cases not expressly provided for by law. 
County Com- Sec. 35. The County Commissioners of each County shall provide all 
missioners to books necessary for keeping the records, and all printed blanks and sta- 
iSooks Ac* tionery used in proceedings in the Courts of Probate ; also, a seal and 
necessary office furniture. 
Judge can Sec. 36. The Judge may keep order in Court, and punish any con- 
tempts ^^°" ^®™P* ^^ -^^s authority in like manner as such contempt might be pun- 
ished in the Circuit or Supreme Court. 
Executions Sec. 37. When costs are awarded, to be paid by one party to the other, 
for costs. jjj ^Y^Q Courts of Probate, said Courts may issue execution therefor, in 
like inanner as is practiced in the Qourts of common law ; and when no 
form for a warrant or process is prescribed by statute or rules of Court, 
he shall frame one in conformity to the rules of law, and the usual course 
of proceedings in this State. Any Sheriff or Constable in the State shall 
execute the order or processes of said Court, in the same manner as the 
orders or processes of the Circuit or Supreme Courts. 
May commit Sec. 38. The Judge of the Probj,te Court may commit to the LunatiQ 
lunatics, «fec., Asylum any idiot, lunatic or person non compos mentis, who, in his opin- 
sy um. .^j^^ .g g^ furiously mad as to render it manifestly dangerous to the peace 
and safety of the community, that he or she should be at large ; and 
also, in all such other cases provi'ded by law. In all cases, the Judge 
shall certify in what place the said person or persons resided at the time 
of the commitment, and such certificate shall be conclusive evidence of 
such residence. 
Laws of Pro- Sec. 39. All laws and parts of laws of the late Provisional Govern- 
visional Gbv- ment of South Carolina, relative to the powers, duties, and course of pro- 
plicTble' ^to^^^^^® ^^ ^^^ Courts of Ordinary and Equity, as far as the jurisdiction 
be adopted, of said Courts is herein conferred on the Courts of Probate, not incon- 
sistent with the Constitution and this Act, or supplied by it, are hereby 
adopted and declared to be of force, and applicable to the Courts of Pro- 
Files and re- bate. All files, records and property of, or pertaining to^aid Courts of 
tnins^ferred. Ordinary are forthwith, upon the qualification of the Judges of Probate 
elected in the several Counties, required to be transferred to the Courts 
To be re- ^^ Probate established by this Act for the said Counties. A receipt shall 
ceipted for. be given for said records and property, by the several Judges of Probate, 
and a copy thereof shall be entered upon the records of their respective 
Courts. 

In the Senate House, the twenty-first day of September, in the year of 
our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robert K. Scott, Governor. 



No. 34. AN ACT to amend the charter of the Cheraw and Coalfields 

Railroad Company. 

Section 1. Beit enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 



OF SOUTH CAROLINA. «1 

and by the authority of the same, That the charter of the Cheraw and A. D. 1868. 
Ck)alfield» Railroad Company be, and the same is hereby, so altered and ''— -v^-^ 
amended, as to authorize said company to construct their railroad from Charter 
the town of Cheraw to some point to be selected by said company on the ^^^^'^^^^d. 
North Carolina line, with a view to the extension of said road in the di- 
rection of Salisbury, North Carolina. 

Sec. 2. That the aid granted to said company by an Act entitled " An A i d con- 
Act to grant the aid of the State to the Cheraw and Coalfields Railroad firmed. 
Company," ratified the sixth day of February, A. D, 1863, be, and the 
same is hereby, granted and confirmed to the said company, as changed 
by this Act, upon the same terms and conditions as are specified in said 
Act. 

Sec. 3. That the name of the said company be, and the same is Change of 
hereby, changed from that of the Cheraw and Coalfields Railroad Com- name. 
pany, to that of the " Cheraw and Salisbury Railroad Company." 

Sec. 4. That the said company be, and the same is hereby, allowed to Gauge. 
construct their road of such gauge as may be deemed desirable by the 
said company. 

Sec. 5. That the said company shall be allowed further time, to-wit : Time for 
One year to commence the work, and five years from the ratification afcomp]etion 
this Act to complete their road. . extended. 

Sec. 6. That the charter of the said company, as herein and heretofore 
amended, shall in nowise be subject to the provisions of the forty-first 
Section of an Act entitled " An Act to incorporate certain villages, socie- 
ties and companies, and to renew and amend certain charters heretofore 
granted, and to establish the principles on which charters of incorpora- 
tions will hereafter be granted," ratified the seventeenth day of Decem- 
ber, A. D. 1841. 

In the Senate House, the twenty-first day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
!A.pproved; Robert K. Scott, Governor. 



AN ACT TO ESTABLISH THE COUNTIES OF PlCKENS AND OcONEB AS No. 35. 

Judicial Districts, and for other purposes. 

Section 1. Be it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, t j- • i pv- 
and by the authority of the same, That the Counties of Pickens and Oco- triot!^^* ^*" 
nee, int> which Pickens has been divided, pursuant to an Ordinance of the 
Convention, ratified on the twentjT^-ninth of January, A. D. 1868, be, and 
each is hereby, established as a Judicial District. 

Sec. 2. That all the books of record, original records, and other books Records 
and papers belonging to, or on file in the offices of the Clerk of the Court transfsrred. 
and Register of Mesne Conveyance, of the Sheriff, of the Ordinary, of the 
Coroner, and of the Commissioner in Equity for Pickens District, be 
txfliu^fisrred to the ofiEices in Pickens County, to which such books, records 
11 



d2 STATUTES AT LARGE 

A. D. 1868. and papers may pertain, and be and remain in the charge of the officers 
^*— ^r^-' of said County, to whom the custody and charge of the same appropriately 
belongs ; and until the court house of said County of Pickens shall be 
constructed, it shall be the duty of the Commissioners appointed under 
the said Ordinance to provide for the safe-keeping of said books, records 
and papers. 
Causes con- Sec. 3. That all papers pertaining to causes instituted in Pickens Dis- 
tinued. trict, and yet pending, be transferred to that one of the Counties of Oco- 

nee and Pickens within the boundaries of which the defendant resided at 
the time such cause was instituted ; and when there are several defend- 
ants who at such time resided, one or more in the one County, and one or 
more in the other, or when the defendant or defendants resided in neither 
of the Counties, it shall be in the election of the plaintiff to have the pa- 
pers transferred to either County ; and such causes shall be continued, 
prosecuted and determined in the Courts to which they shall be trans- 
ferred. 
Cases not Sec. 4. That all warrants issued in Pickens District and not yet exe- 
ended trans- cuted, and all papers pertaining to prosecutions initiated in said District 
ferred. which are not yet ended, shall be transferred to that County within the 

limits of which the offence is charged to have been committed ; and such 
prosecutions shall stand for trial, and the defendant be held to answer, in 
the County to which such papers are transferred. 
"Writs trans- Sec. 5. That all writs and other civil process heretofore issued from the 
ferred. Courts of Pickens District, and not yet served or executed, shall be trans- 

ferred for service to that County in which the defendant resides ; or, if 
there be several defendants, to that County which the plaintiff shall elect ; 
and be returnable at such time as the General Assembly, at the present 
session, shall fix for the return of such papers. 
Circuit ^^^* ^' That it shall be competent for the Circuit Judge having juris- 
Judge can diction in said Counties to make, on motion of the parties, in Court or at 
make orders. Chambers, such orders as may seem necessary to preserve the interests of 
the parties wherein the same are not provided for by the provisions of 
this Act. 

In the Senate House, the twenty-first day of September,nn the year of 
our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved : Robert K. Scott, Governor* 



•HBik««M*i«MMk 



No. 26. AN ACT to authorize a lease op the "State Road** running 
FROM the County of Greenville, in the State of South Car- 
olina, ACROSS THE SaLUDA MOUNTAIN, TO THE CoUNTY OP HEN- 
DERSON, IN State of North Carolina. 

^ Section 1. Be it enacted by the Senate and House of Representatives 

of the State of South Carolina, now met and sitting in Genei-al Assembly, 

Commission- and by the authority of the same, That Alexander McBee, Duncan 

erg appointed guiiiyan and Solomon Jones, citizens of Greenville County, in the State 



OP SOUTH CAROLINA. 88 

of South Carolina, be, and they are hereby, authorized to give public no- -A.. D. 1868. 
tice, within thirty (30) days after the passage of this Act, in one newspa- ^-^-v^-^ 
per in each of the following places, to-wit : Greenville, Columbia and Notice of 
Charleston, that on a certain day, to be therein designated, at the court ^®^®- 
house of Greenville County aforesaid, they, the said Alexander McBee, 
Duncan Sullivan and Solomon Jones, will lease to the highest bidder 
therefor, the " State Road " running from Greenville County, in the State 
of South Carolina, across the Saluda Mountain, to Henderson County, in 
the State of North Carolina, for the term of three (3) years, said Commis- 
sioners to lease the road in forty (40) days after the passage of this Act. 

Sec. 2. That the said Commissioners are further directed to require a Lessee to 
good and sufficient bond of the said lessee for the keeping of said road in give bond, 
good repair, and to prescribe such oth^r conditions of the said lease as 
may by them be judged proper and necessary to secure a faithful observ- 
ance of all the requirements of the said lease. 

Sec. 3. That the said Commissioners are further empowered to execute Empowered 
the said lease in the name of the State, and to do all other acts necessary je^g^^^^*® ^^® 
to carry into effect the foregoing provisions of this Act. 

In the Senate House, the twenty-first day of September, in the year of 
OUT Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved : Robert K. Scott, Governor. 



AN ACT TO AUTHORIZE THE SALE OP THE COLUMBIA CaNAL. No. 87. 

Section 1. Be it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, ^ 
and by the authority of the same. His Excellency the Governor, Robert ers appointed 
N. Lewis and Charles M. Wilder, are hereby constituted a Commission to 
sell and convey the right, title and interest of the State in the Columbia 
Canal, and in all the lands, privileges and appurtenances owned by the 
State thereunto belonging or appertaining, subject to the following con- 
ditions, (in addition to such other conditions as the said Commission, in 
their discretion, may impose, which conditions shall be published in the 
advertisement,) to-wit : That the purchaser or purchasers, his or their Conditions. 
heirs, assigns or successors, shall, within two years from the date of con- 
veyance, complete the widening and deepening of the said canal to at 
least twice its original capacity ; that the same shall always be kept open, 
and in proper order for boating purposes (free of all charges for toll or 
otherwise,) as far as the same is now used ; that the waters of said canal 
shall not be allowed to become stagnant ; that the same shall not be used 
for other than hydraulic purposes ; and upon the further condition that 
the work of widening and deepening the said ca'hal shall be commenced 
within six months, and the sum of ten thousand dollars shall be expended 
on the same with in twelve months from the date of the conveyance ; and 
that the title to the canal shall revert to the State on default being made 
in any of the conditions so imposed. 



B4 - • STATUTES AT LAEQE 

A.D. 1868. Sec. 2. For the purpose of enaoling the purchaser to widen said canal 
^-^■v^-^ he is hereby authorized to take possession of one hundred feet of land on 
Privileges of either side of the centre line of the present canal on payment to the 
purchaHer. Q^n^r of the value of the same ; and if the said purchaser and the owner 
cannot agree upon the value, then upon the payment of such sum as may 
be assessed by Commissioners, to be appointed for that purpose by the 
Court of Common Pleas for Richland County ; the proceedings of the 
Commissioners so appointed to be governed, in all respects, according to 
the provisions of the tenth Section of " An Act to authorize the formation 
of the Greenville and Columbia Railroad Company," ratified the fifteenth 
day of December, in the year of our Lord one thousand eight hundred 
and forty-five. And upon payment of the sum thus agreed on or as- 
sessed, the purchaser shall be entitled, in his own right, to such land in 
fee simple. And the Commissioners hereby appointed for, the sale of the 
canal are authorized to convey to the purchasers such portion of the 
public streets above Gervais street as lie within the limits of the said one 
hundred feet on either side^f the centre line of the canal. 
To he ad- Sec. 3. For the purpose of securing to the State the highest price for 
rcrtised. the property to be sold, and to create competition for the purchase thereof, 
the Commission shall cause the same to be advertised in at least one pa- 
per in the cities of New York, Boston, Cincinnati, Richmond, Columbia 
and Charleston, two months previous to closing the contract ; that the 
said advertisement shall set forth fully the nature, value and extent of 
the property to be sold, and invite bids for the same; the cost of such 
advertisement to be paid by check of His Excellency the Governor on 
the Treasurer, who shall pay it out of the public fund. And the said 
Commission shall accept the bid which, in their judgment, shall be most 
advantageous to the State. 
Authorized Sec. 4. The Commissioners hereby appointed are authorized to sell said 
sell. property at public or private sale, at their discretion : Provided, That in 

Proviso ^^y ®^^® ^^^y ^^y make, there shall be a reservation to the State of 
water power sufficient for the purposes of the State Penitentiary, for all 
time, n*ee of charge. 

In the Senate House, the twenty-first day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robert K. Scott, Governor. 



No. 38. AN ACT to empower Circuit Judges to change the venue for 

THE TRIAL OF ACTIONS, BOTH CIVIL AND CRIMINAL. 

Section 1. Be it enacted by the Senate and House of Representatives of 
the State of South Carolina, now met and sitting in General Assembly, and 
•liiuiffe Tenue ^^ ^^® authority of the same. That the Circuit Judges shall have power 
to change the venue in all cases, civil and criminal, pending in the Cir- 
cuit Courts, and over which such Courts have original or appellate juris- 



OP SOUTH CABOLINA. 85 

diction, by ordering the record to be removed for trial to some other A. D. 1868i 
County within the Circuit in which such action or prosecution was com- ^—^v— — ^ 
menced : Providedy That the application for removal shall be made to the Proviso. 
Judge sitting in regular term by some party interested, supported by affi- 
davits which shall satisfy the Judge before whom the application is made 
that a fair and impartial trial cannot be had in the County where such 
action or prosecution was commenced : Provided, further, Tnat twenty 
days' notice of such application shall be given to the adverse party. 

Sec. 2. All Acts or parts of Acts inconsistent with this Act are hereby 
repealed. 

In the Senate House, the twenty-iirst day of September, in the year ^ 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MDSES, Jr., Speaker House of Representatives. 

Approved: Robert K. Scott, Grovemor. 



an act to provide for the accommodation of the general no. 39, 
Assembly, the Executive and the Judiciary. 

Section 1. Be it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same, That His Excellency the Governor be CJo vernpr 

V ■ t/ ' •/ ftllTIlOriZfifl TO 

authorized to have such repairs and alterations made in the building contract. 
known as the College Chapel as will fit it for the accommodation of the 
General Assembly at its next session, and for this purpose he be requested 
to invite proposals for the execution of the work necessary for the same, 
and to contract with the lowest and best bidder. 

Sec. 2. In case it should be deemed advisable that the General As- And to make 
sembly, the Executive and the Courts should be accommodated in one arrange- 
building. His Excellency the Governor is hereby authorized to make ^^®^^^* ^ 
such arrangements as he may deem necessary for that purpose. 

In the Senate House, the twenty-first day of September, in the year of 
our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 

Approved: Robert K. Scott, Governor. 



AN ACT TO SUPPRESS insurrection and rebellion. No. 40. 

Section 1. Beit enacted by the Senate and House of Representatives Governor 
of the State of South Carolina, now met and sitting in General Assembly, authorized to 
and by the authority of the same, Whenever by reason of unlawful ^jiitj^"* 
obstructions, combinations or assemblages of peraons, or rebellion against 



«6 STATUTES AT LARGE 

A. D. 1868. the authority of the government of the State, it shall become impracti* 
^*— V*— ^ cable, in the judgment of the Governor of the State, to enforce, by the 
ordinary course of judicial proceedings, the laws of the State within any 
County or Counties of the State, it shall be lawful for the Governor of 
the State to call forth the militia of any or all the Counties in the State, 
and employ such parts thereof as he may deem necessary to enforce the 
faithful execution of the laws, or to suppress such rebellion. 
. J^roclama- Sec. 2. Whenever, in the judgment of the Governor, it may be neces- 
eents^^cT dis" ^^^7 *^ ^^® ^^® military force hereby directed to be employed and called 
perse. forth, the Governor shall forthwith, by proclamation, command such in- 

^ surgents to disperse and retire peaceably to their respective abodes within 
a limited time. 
Militia sub- g^c, 3. The militia so called into the service of the State shall be subject 
of^wan^ ^^ ^^ *^ *^® same rules and articles of war as troops of the United States, and 
be continued in the service of the State until discharged by proclamation 
Provisos, by the Governor : Provided, That such continuance in service shall not 
extend beyond sixty days after the commencement of the next regular 
session of the General Assembly, unless the General Assembly shall ex- 
pressly provide therefor : Provided, further. That the militia so called 
into the service of the State shall, during their time of service, be enti- 
tled to the same pay, rations and allowances for clothing as are or may 
be established by law for the army of the United States. 
Penalties for Sec. 4. Every officer, non-commissioned officer, or private of the mi- 
of'order^^^^^ who shall fail to obey the orders of the Governor of the State in any 

of the cases before recited, shall forfeit a sum not exceeding one year's 
pay, and not less than one month's pay, to be determined by a court- 
martial ; and such officer shall be liable to be cashiered by sentence of 
court-martial, and be incapacitated from holding a commission in the 
militia, for a term not exceeding twelve months, at the discretion of the 
court ; and such non-commissioned officer and private shall be liable to 
imprisonment by a like sentence on failure of the payment of the fines 
adjudged against them, for one calendar month for every twenty-five 
. dollars of such fine. 
Grovernor to Sec. 5. The Governor of the State, when, in his judgment, the public 
take Passes- safety may require it, be, and he is hereby, authorized to take possession of 
graphs and^^y or *11 <^^^^® ^^-^^g^^P^ lines in the State, their offices and appurte- 
railroads. nances ; to take possession of any or all railroad lines in the State, their 
rolling stock, their offices, shops, buildings, and all their appendages and 
appurtenances ; to prescribe rules and regulations for the holding, using 
add maintaining of the aforesaid telegraph and railroad lines, in the 
manner most conducive to the interest and safety of the Government ; 
to place under military control all the officers, agents and employees 
belonging to the telegraph and railroad lines thus taken possession of, so 
that they shall be considered a part of the military establishment of the 
State, subject to all the restrictions imposed by the rules and articles of 
war. 
To employ Sec. 6. The Governor is authorized to employ as many persons as he 
and o^anize jj^^j deem necessary and proper for the suppressioA of such insurrection, 
force. rebellion or resistance to the laws ; and for this purpose he may organize 

and use them in such a manner as he may judge best for the public wel- 
fare. 
Sec. 7. If, during any insurrection, rebellion, or any unlawful obstnic- 



OP SOUTH CAEOLDTA, «7 

tion of the laws, as set fprth in the first Section of this Act, the Grovemor A. D. 1868. 
of the State, in his judgment, shall deem the public safety requires it, he ^"^ ^v^^ 
is authorized to suspend the privilege of the writ of habeas corpvs in any To suspend 
case throughout the State or any part thereof; and whenever the said^JJ^^"* ^^^" 
privilege shall be suspended, as aforesaid, no military or other officer 
shall be compelled, in answer to any writ of habeas corpus, to return the 
body of any person or persons detained by him by authority of the Gov- 
ernor ; but upon the certificate, under oath, of the officer having charge 
of any one so detained, that such person is detained by him as a prisoner 
under authority of the Governor, further proceeding under the writ of 
habeas corpus shall be suspended by the Judge or Court having issued 
the said writ, so long as said suspension by the Governor shall remain 
in force and said rebellion continue. 

Sec. 8. All Acts and parts of Acts inconsistent with this Act, or sup- 
plied by it, are hereby repealed. 

In the Senate House, the twenty-second day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representative*. 

Approved : Robert K. Scott, Governor. 



AN ACT TO QUIET RIGHTS VESTED UNDER MILITARY OrDERS. tkj u^ %^ H^^ 

Section 1. Beit enacted by the Senate and House of Representatives ^^* ^^' 
of the State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same. All rights of property vested, ac- 
crued, or in action, by virtue of the judgments, orders or decrees of mili- Military or- 
tar y tribuna ls, or by virtue of GeherS of Special "TJrders issued" by ders declared 
mituary commanders on duty in the State since the first day of March, ^^"^• 
Anno Domini eighteen hundred and sixty-five, and up to the time of the 
expiration of the late Provisional Government of South Carolina, are 
hereby affirmed and declared valid, and the same shall be unquestioned 
in the Courts of the State. The following General Orders, issued from 
Headquarters of Second Military District, at. Charleston, South Carolina, y / 

are affirmed and re-enacted, to-wit : Paragraph 13, of General Orders No. ««^ /.t%l H^ 
10, dat ed April 11, A . D. one thousand eight Tiiindred and sixty-seven ; 
Genei^ Orders No. 1B9, dated December third, A. D. one thousand 
eight hundred and sixty-seven, and General Orders No. 28, dated Feb- 
ruary twenty-seventh, A. D. one thousand eight hundred and sixty-eight. 

Sec. 2. To the end, and for the purposes set forth in this Act, and no 
other, are the General and Special Orders of the military commanders 
aforesaid, together with the judgments, orders and decrees of the military Q^eneral and 
tribunals aforesaid, continued in full force and virtue, unless inconsistent ders'valid. 
with the Constitution of this State or the Acts passed by this special ses- 
sion of the General Assembly. 

Sec. 3. All persons who are now holding office by reason of any Gene- 

NoTX— Se« Gon«ral Orders at end of Acts of Special Session, 1806. 



\ 



88 STATUTES AT LARGE 

A.D.18G8. ral or Special Orders issued by any military commanders in this State 

^**^v"-^ are hereby continued in office until their successors shall be appointed or 

Appoint- elected and qualified. 
ments contm- 

In the Senate House, the twenty-second day of September, in the yeaar 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 

Approved : Robert K. Scott, Governor. 



No. 42. AN ACT to fix the salary and define the duties of the At- 
torney-General OF THE State. 

Section 1. Be it enacted by the Senate and House of Representatives 
^ , of the State of South Carolina, now met and sitting in General Assembly, 

^ ^^* and by the authority of the same. That the Attorney-General shall re- 
ceive a salary of three thousand dollars a year, and a sum not exceeding 
one thousand dollars annually for such clerical assistance as the business 
of his office may require. 
Duties. Sec. 2. He shall appear for the State in the Supreme Court in the trial 

and argum^it in said Court of all causes, criminal and civil, in which 
the State is a party or interested, and in such causes in any Court or tri- 
bunal, when required by the Governor or either branch of the General 
Assembly. 
File infor- Sec. 3. He may, when, in his judgment, the interest of the State re- 
mations. quires it, file ajid prosecute informations or other process against persons 
who intrude upon the lands, rights or property of the State, or commit or 
erect any nuisance thereon. 
Consult with Sec. 4. He shall consult with and advise the Solicitors in matters re- 
and advise lating to the duties of their offices ; and when, in his judgment, the inter- 
holicitors. ^g^ ^^. ^YxQ State requires it, shall assist them by attending the Grand 
Jury in the examination of any case in which the party accused is 
charged with a capital off^ice ; and when, in his judgment, the interest 
of the State requires it, he shall be present at the trial of any cause in 
which the State is a party or interested, and when so present, shall have - 
the direction and management of such prosecutions and suits. 
Enforce due Sec. 5. He shall enforce the due application of funds given or appro- 
application of priated to public charities within the State, prevent breaches of trust in 
funds. ^j^g administration thereof, and when necessary, shall prosecute corpora- 

tions which fail to make to the General Assembly the return required by 
law. 
Attend Ger- Sec. 6. He shall, when required by either branch of the General As- 
eral Assen:- sembly, attend during their sessions, and give his aid and advice in the 
bly- arrangement and preparation of legislative documents and business, and 

shall give his opinion upon questions of law submitted to him by either 
branch thereof, or by the Governor, 
dive ttdvitto. Sec 7. He shall; when required by the Secretary of State, Treasurer, 



OF SOUTH CAROLINA. 89 

Adjutant and Inspector-General, the ComptroUer-Greneral, or other State A. D.1868. 
officer, consult and advise with them, respectively, on questions of law *— y^— ^ 
relating to their official business. 

Sec. 8. He shall, annually, make a report to the General Assembly of Report to 
the cases argued, tried or conducted by him in the Supreme Court Crenoral As- 
and Circuit Courts during the preceding year, with such other informa- ^^ ^' 
lion in relation to the criminal laws, and such observation and statements 
as, in his opinion, the criminal jurisdiction and the proper and econom- 
ical administration of the criminal law warrant and require. 

Sec. 9. On his representation the Governor may draw his warrant on Contingent 
the Treasury to an amount not exceeding three hundred dollars in one expenses to 
year, for the contingent expenses of civil actions in which tha State is ftacco^un t*ed 
party or has an interest, for which sum he shall annually, in October, for. 
account to the Governor, and he shall state the amount so expended in 
his annual report to the General Assembly. 

Sec. 10. No prosecuting officer shall receive any fee or reward from. Not to ro- 
or in behalf of, a prosecutor for services in any prosecution or business ceivc fees. 
to which it is his official business to attend, nor be concerned as counsel 
or attorney for either party in a civil action depending upon the same 
state of facts. 

Sec. 11. The Attorney-General shall account with the Treasurer of the Account with 
State for all fees, bills of costs and moneys received by him by virtue of '^''*^^^"''^'*- 
his office. 

In the Senate House, the twenty-second day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jn., Speaker House of Representatives. 
Approved: Robert K. Scott, Governor. 



AN ACT TO DECLARE THE MANNER BY WHICH THE LANDS, OR THE No. 43. 
RIGHT OP WAY OVER THE LANDS, OP PERSONS OR CORPORATIONS MAY 
BE TAKEN FOR THE CONSTRUCTION AND USES OF RAILWAYS AND 
OTHER WORKS OP INTERNAL IMPROVEMENT. 



Hode of 
ure. 



Section 1. Be it enaded by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in Greneral Assembly, 
and by the authority of the same. That whenever any person or corpora- ^^^l 
tion shall be authorized by charter to construct a railway, canal, turn- ^ 
pike, or other public highway in this State, such person or corporation, 
before entering upon any lands for the purpose of construction, shall give 
to the owner thereof (if he be sui juris) notice in writing that the right 
of way over said lands is required for such purpose, which notice shall 
be given at least thirty days before entering upon said lands; and if 
sucn notice shall be given, and the owner shall not, within the period of 
thirty days after service of said notice, signify in writing his refusal or 
consent, it shall be presumed that such consent is given ; ^nd such per- 
lon or corporation may, thereupon, enter upon said lands: Provided^ VrorUo. 
12 



90 St AftJfS* Al!^ tiMOK 

A. D. 18ft8. howeveTy That the owner of said lands may be entitled to move for ab 8d« 
^— "V— ^ sessment of compensation in the manner hereinafter directed. 
In case of Sec. 2. That if the owner of the lands shall signify his refusal of con- 
refusal, ggjjt to entry upon his lands without previous compensation, the person or 
corporation requiring such right of way shall apply, by petition, to the 
Circuit Judge of the County wherein such lands are situated for the em- 
panneling of a jury to ascertain the amount which shall be paid as just 
. compensation for the right of way required, in which petition shall be set 
forth a description of the lands, the names of the owners, the purposes for 
which the lands are required, and such other facts as may be deemed ma- 
terial. On the hearing of such petition, the Circuit Judge shall order the 
same to be iled in the office of the Clerk of the Court of Common Pleas 
for said County, and shall further order the Clerk of the Court to empan- 
nel a jury of twelve to ascertain the compensation for the use of the lands 
required ; and it shall be the duty of the said Clerk, immediately on re- 
ceiving such order, to give to the owner of the lands notice thereof in 
writing, and of the day which shall be assigned for the drawing of the 
jury, which notice shall be served at least five days before the day as- 
Jury to be signed. On the day assigned, the said Clerk, in the presence of the parties, 
empanneled. if they shall attend, shall select the names of twenty-four disinterested free- 
holders of the County, and from that number shall draw the names of 
twelve to act as jurors, and shall cause those so drawn t6 be forthwith sum- 
moned to meet at such place and at such time as he may assign, for the pur- 
pose of examining the said lands, and ascertaing the compensation to be 
made for the right of way over the same ; it shall further be the duty of the 
said Clerk, in person or by his deputy, to attend at the same time and place 
for the purpose of organizing the jury ; and he shall have power to sum- 
mon from the vicinage other disinterested freeholders to act as jurors in 
the stead of any of those first summoned who shall fail to attend, or who 
shall be objected to by either party on the ground of disqualification on 
account of interest. 
Duties of Sec. 3. That the jury so empanneled, after being first sworn faithfully 
jury. and impartially to determine the question of compensation submitted to 
them, shall proceed to inspect the premises, and to take testimony in refer- 
ence to the construction of the proposed highway, and the quantity of land 
which shall be required therefor ; and irrespective of any benefit which 
the owner may derive from the proposed highway, and with respect alone 
to the quantity and value of the land which may be required, and to the 
special damage which the owner may sustain by reason of the construc- 
tion of the highway through his lands, they shall ascertain the amount of 
compensation which shall be made to the owner thereof, and shall render 
their verdict in writing for the same. 
Right of ap- Sec. 4. That from the verdict so rendered it shall be the right of either 
peal. party to appeal to the first term of the Circuit Court next ensuing in the 
County, giving to the opposite party fifteen days' notice of such intended 
appeal, with the grounds thereof; and upon the hearing of such appeal, 
if the Court shall be satisfied of the reasonable suflSciency of the grounds, 
an issue shall be ordered, in which the appellant shall be the actor, and 
the question of compensation shall be thereupon submitted to a jury in 
open Court, whose verdict shall be final and conclusive, unless, on writ of 
error, a new trial shall be ordered by the Supreme Court. But in no case of 
Proviso, appeal shall the progress of the work of construction be stayed : Provided, 



OF SOUTH CABOLOTA. 91 

The pergon or corporation requiring the right of way shall deposit with A. D. 1868. 
the Olerk of the Court the amount of the verdict from which the appeal ^»— v^^ 
is taken. 

Sec. 5. That whenever any lands shall be required for the location of Lands for 
depots, stations, turnouts, section houses, or other necessary uses of a ^®P^**» ***^- 
highway, and from want of agreement as to the value thereof, or from any 
other cause, the same cannot be purchased from the owner, the same may 
be taken at an assessed valuation, to be made by a jury in like manner 
as hereinbefore directed for ascertaining the compensation for right of 
way. 

Sec. 6. That while the owner, or any one of the several owners, of the Notice to 
lands is a/ewie covert, an infant, or nan compos meniiSf the required notices trustees. 
shall be served upon the trustees, guardian or committee of such persons ; 
and if there be no trustee, guardian or committee, the Clerk of the Court 
of Common Pleas shall have power, and he is hereby authorized, to ap- 
point for such person a guardian ad litem^ upon whom the service shall 
be made, and who shall represent the interest of such feme covert, infant, 
or person non compos mentis. And if the owner, or any of the owners 
of the lands, shall reside beyond the State, or his or her place of residence 
be unknown, it shall suffice if notice of the application for a jury, and of Published 
the time and place at which they are summoned to attend, be published notice suffi- 
by the Clerk of the Court for one month next preceding the dav assigned, retfdents?^'^" 
which publication shall be made in a newspaper published in the County, 
or if there be none there published, then in some newspaper of the State 
having general circulation in the County. 

Sec. 7. That upon payment of the compensation thus ascertained by a Rights ac- 
jury, the right of way over said lands, or the use of said lands for the quired. 
purposes for which the same were required, shall vest in the person or 
corporation who shall hold the charter of such highway, so long as the 
same shall be ilsed for such highway, and no longer ; but the fee in such 
lands subject to such special uses shall remain in the owner thereof, and 
nothing herein contained shall be construed to confer upon such person 
or corporrtion any right in, or power over, the lands so condemned, other 
than such as may be within the particular purpose tor which such lands 
were condemned. 

Sec. 8. That no lands or right of way which have heretofore, or may -^^^^^^^^^ *'^* 
hereafter be, procured for the construction or use of any highway shall J-^j^ 
be considered exempt from liability to condemnation ; but the right of 
way over said land and across or along such right of way may be con- 
demned for the construction of any other highway : Provided^ That in the Proviso. 
construction of such other highway there be no hindrance to the use and 
enjoyment of the highway for which such lands or right of way were pre- 
viously procured ; and in all such cases notice of the application for a 
a jury shall be served upon the President of the corporation whose lands 
or right of way shall be required, or upon any Director or local agent of 
the corporation. 

Sec. 9. That nothing herein contained shall be construed to prevent Right of 
entry upon any lands for purposes of survey and location ; and if in any ^'^^^y- 
case the owner of any lands shall permit the person or corporation requir- 
ing a right of way over the same to enter upon the construction of the 
highway without previous compensation, the said owner shall have the 
right, fliiter the highway shall nave been constructed, to demand com* 



92 STATUTES AT LARGE 

A. D. 1868. pensation, aiid to petition for an assessment of the same in the manner 

'''— N"— ' hereinbefore directed: Provided, Such petition shall be filed within 
Proviso, twelve months after the highway shall have been completed through hia 
or her lands. 

Proceedings Sec. 10. That all proceedings in relation to the condemnation of lands 
to be filed, ^^j. ^j^^ right of way, or for other necessary uses of any chartered high- 
way, shall be filed m the office of the Clerk of the Court of Common 
Pleas for the County in which such proceedings were had, and shall be 
there of record. If the lands required, or over which the right of way 
be required, shall be partly in one County and partly in another, the 
proceedings shall be instituted in that County in which the' owner, or a 
majority of the owners, reside ; and if the owner or owners shall reside in 
neither of the Counties, or if there shall be an equal number of the seve- 
ral owners in each County, the proceedings shall be instituted in that 
County in which shall lie the greater part of the lands in reference to 
which such proceedings are instituted. 

Clerk's fees. Sec. 11. That the Clerk of the Court shall be entitled to a fee of ten 
dollars in every case instituted for the condemnation of lands under this 
Act ; the same to cover all charges incident thereto prior to appeal, in- 
cluding also fees for recording, but not including costs of advertising ; to 
which shall be added, in cases of appeal, an additional fee of two dollars, 
8 h r i ff ' 8 the Same to cover all charges incident to the appeal ; that the Sheriff shall 

^^' be entitled to a fee of one dollar and mileage at the rate of five cents per 

mile for each service of notice or other paper ; and for the summoning of 
jurors, the same fee now by law allowed for the summoning of jurors for 

Jurors' fees, the Courts of Common Pleas ; and that the jurors shall be entitled to the 
same per diem and mileage now by law allowed for attendance as jurors 
at the Courts of Common Pleas ; all of which costs, except the costs of 
appeal, shall be paid by the person or corporation requiring the lands or 
right of way, and the costs of appeal shall, in all cases, be paid by the 
losing party. 
Failure of Sec. 12. That any juror, duly summoned to attend at the time and 
jurors. place designated, who shall fail to attend, shall be proceeded against in 

Penalties. ^^^ same mandbr, and be subject to the same penalties, which are or may 
be prescribed by law for default in attending as jurors at the Court of 
Common Pleas. 

In the Senate House, the twenty-second day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robert K. Scott, Governor. 



No. 44. AN ACT to provide for the government op the South Caro- 
lina Penitentiary. 

Section 1. Se it enacted, hy the Senate and House of Representatives 

The Peni- of the State of South Carolina, now met and sitting in General Assembly, 

tentiary. and by the authority of the same, The Penitentiary at Columbia, in the 



OF SOUTH CAKOLINA. 98 

County of Bichland, shall be the general Penitentiary and prison of the A. D. 1868. 
State, for the reformation, as well as the punishment, of all offenders, in *-— v**^ 
which shall be securely confined, employed and governed, in^the manner 
hereinafter directed, all offenders who shall have been convicted and sen- 
tenced according to law, to the^ punishment of solitary imprisonment or 
confinement therein at hard labor. 

Sec. 2. The State Penitentiary shall be under the direction and gov- Superinten- 
ernment of a Sijperintendent, to be appointed by the Governor, by and with appointed^ ^ 
the advice and consent of the Senate, who shall hold his oflSice for two 
years, commencing on the first day of January, except the first Superin- 
tendent appointed under this Act, who shall enter upon the duties of his 
office within thirty days after his appointment, and hold the same until ^^^ ^^^ ^ ^ 
the first day of January, eighteen hundred and seventy-one, unless sooner 
removed according to law. 

Sec. 8. The Superintendent, before entering upon the duties of his Bond. 
ofiice, shall give bond, with two or more sufficient sureties, in the sum of 
twenty thousand dollars, to the Treasurer of the State, conditioned for 
the fidthful performance of the duties of his oflice. 

Sec. 4. It shall be the duty of the Superintendent : D u t i e s of 

1. To make and establish all such regulations, for the due management oupermtena- 
of the concerns of the Penitentiary, and for the government and security 

of the prisoners therein, as may be necessary and proper, and not repug- 
nant to the laws of the State, and the same to alter, from time to time, as 
shall be found expedient, subject, however, to the revision, alteration or 
amendment of the Directors. 

2. To appoint and remove at pleasure a Keeper, and such servants and 
guards as shall be necessary for the due management of the prison and 
safe-keeping of the prisoners. 

3^ To purchase all the provisions and materials, and other articles ne- 
cessary for supporting and employing the prisoners, and for effecting the 
objects of the institution. 

4. To make all necessary repairs of the prison, and superintend the 
construction of the work. 

5. To make sale of guch articles produced in, or belonging to, the prison 
88 are proper to be sold. 

6. To take the charge and custody of the buildings, furniture, tools, 
implements, stock, provisions, and every species of property pertaining to 
the prison belonging to the State. 

7. To receive and pay out all moneys granted by the General Assem- 
bly, or in any other way accruing for the support of the prison and carry- 
ing on the work. 

8. To keep suitable books, regular and complete accounts of all prop- 
erty, expenses, purchases, sales, income, busmess and concerns of the 
establishment. 

9. To report to the Directors of the prison, on or before the fifteenth 
day of October, annually, a list of the prisoners, the commencement and 
expiration of their several sentences, and a copy of the regulations of the 
prison. 

10. To make out and report to the Directors of the prison, and to the 
Comptroller-General, on or before the fifteenth day of October, annually, 
minute statements of all his accounts and doings up to that time. 

11. To suppress any disorders, riots or insurrection that may take place 
among the prisoners. 



94 STATUTES AT XARGB 

A. D. 1868. Sec. 5. In order to suppress any disorders, riots or insurrection among 
'^— "v— ^ the prisoners, the Superintendent may require ike aid and assistance rf 
May require any of the citizens of the State. 

*^^' Sec. 6. If any person, when so required by the Superintendent, shall 

refus^. J^eglect or refuse to give such aid and assistance, shall pay a fine not 

exceeding fifty dollars. 

Compensa- Sec. 7. Any person so aiding and assisting the Superintendent shall 

tioii. receive a reasonable compensation therefor, to be paid by the Superin^ 

tendent, and allowed him on the settlement of his accounts. 
J ustification. Sec. 8. If, in suppressing any such disorder, riot or insurrection, any 
person who shall be acting, aiding or assisting in committing the same 
shall be wounded or killed, the Superintendent, Keeper, or any person 
aiding or asisting him, shall be justified and be held guiltless. 
Powers of Sec. 9. In the absence of the Superintendent, the Keeper shall have 
Keeper. the same power in suppressing the disorders, riots and insurrections, and 
requiring aid and assistance in so doing, that is herein given to the Su- 
perintendent. 
Receive and Sec. 10. The Superintendent shall receive and safely keep, at hard 
ersTeiUenced ^^^^X' ^ *^® prison, all prisoners sentenced to confinement at hard labor 
by U. S. au- therein by the authority of the United States, until they shall be dis- 
thority. charged agreeably to the laws of the United States. 

Exemption Sec. 11. The Superintendent, Keeper, and persons employed in the 
from military prigo^^ ^s assistants and servants, shall be exempt from military duty. 

' Sec. 12. All actions or suits at law for the recovery of any debt or 

1^^ ^ ^^^^ * demand accruing from the business transactions at the Penitentiary, or 
for the recovery of damages for injuries done to any of the property or 
efieets of said prison, shall be brought and maintained in the, name of 
the Superintendent thereof, for the time being ; and the said Superintend- 
ent is authorized and empowered to sue for and collect all such claims 
and demands of every description now due, or which may hereafter be- 
come due and payable, on account of said prison. 
Governor to Sec. 18. The Govemor shall, by and with the advice ancj consent of 
appoint Di- the Senate, appoint three Directors of the State Penitentiary, who shall 
have the power, and whose duty it shall be : 
Duties of 1. To visit, jointly, the State Penitentiary at least four times in each 

Directors. year. 

Inquiries. ^' '^^ examine and inquire into all mattfers connected with the govern- 
ment, discipline and police of the prison, the punishment and employ- 
ment of the convicts therein confined, the money concerns and contracts 
for work, and the purchases and sales of the articles provided for the 
prison, or sold on account thereof, and the progress of the work. 

' Reports. 3. To require reports from the Superintendent and Keeper, or other 
officers of the prison, in relation to any or all the preceding matters. 

Regulations. 4. To make such general regulations for the government and discipline 
of the prison, or modify such remilations as may have been made by the 
Superi^tendekt, as they may deem expedient, and from time to time 
alter and amend the same ; and in making such regulations it shall be 
their duty to adopt such as in their judgment, while consistent with the 
discipline of the prison, shall best conduce to the reformation of the con- 
victs. 
1 11 V cstiga- 5. To inquire into any improper conduct which may be alleged to 

tions. jjj^yg jjggjj committed by the Superintendent, Keeper, or other omcer of 



OP SOUTH* CAROLINA. 06 

the prison^ and for that purpose to issue subpcenas to compel the attend- A.D.1S68. 
anoe of witnesses, and the production before them of books, writings ^— ^v'-^ 
and papers, in the saipe manner, with like effect, and subject to the same 

gsnalties for disobedience, as in caees of trial before Justices of the 
eace ; and to examine, under oath, any person or persons who may be 
brought before them as witnesses. 

6. To keep regular minutes of their meetings and proceedings at the Minutes. 
prison, whicn minutes shall be signed by them and entered in a book 
'which shall be kept for that purpose at the prison. * 

7. To prescribe the articles of food and the quantities of each kind Provisions. 
that shall be inserted in each contract for the supply of provisions to the 
prison. 

8. To«uspend or remove, with the consent of the (Jovemor, the Super- Suspend or 
intendent for oppression and misconduct in office ; such suspension or re- ''®"^^ve. 
moval shall not take place without giving the Superintendent an oppor- 
tunity to be heard in his defence. / 

9. To make an annual report to the Governor, on or before the first day Annual re- 
of November in each year, of the state and condition of the prison, the P^'**^* 
convicts confined therein, of the money expended and received, and gen- 
erally of all the proceedings during the last year, to be laid before the 

General Assembly. 

Sbc. 14. The Directors of the prison may appoint a Chaplain, who Chaplain. 
may be furnished with quarters within or near the enclosure, whose duty 
it snail be, on every Sabbath, and as often as the rules will permit, to 
perform in the prison such religious services as are usually performed in 
the churches of this State, and attend to instruct the prisoners in their 
moral and religious duties, and visit the sick on suitable occasions ; said h i s com- 
Chaplain ghall receive such compensation, not exceeding five hundred pensation. 
dollars per annum, as shall be determined by the Directors. 

Sec. 16. The Superintendent shall receive a salary of two thousand Salaries. « 
dollars per annum, and the Keeper and other officers and employees such 
comp^isation as may be fixed by the Superintendent and approved by 
the Directors. 

Sec. 16. The Directors, for services performed under this Act, shall . Compensa- 
receive four dollars per day for time necessarily employed, and ten cents ^JJJ."^ ^^^*'" 
per mile for necessary travel. 

Sec. 17. If any person employed in keeping, taking care of or guard- Penalty for 
ing the Penitentiaiy , or the prisoners therem, shall contrive, procure, con-^^^"g^^p^*"^*' 
nive at, or otherwise voluntarily suffer or permit the escape of any such 

{►risoner or prisoners, he, on conviction thereof, shall be confined at hard 
abor in the prison not exceeding twenty years. 

Sec. 18. All Acts or parts of Acts inconsist^t with this Act, or sup- Inconsistent 
plied by it, are hereby repealed. ^^*' '^P^*'*^^ 

In the Senate House, the twenty-third day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robert K. Scott, Governor. 



96 STATUTES AT LARGE 

A. D. 1868. AN ACT TO REPEAL AN ACT ENTITLED " An AcT TO PROHIBIT THE 
^^— V-*^ DIGfGING OP CELLARS, IN FUTURE, WITHIN THE LIMITS OF TOWNS ON 

No. 45. THE SEABOARD." 

Be it enacted by the Senate and House of Representatives of the 
State of South Carolina, now met and sitting in General Assembly, and 
by the authority of the same, That an Act entitled "An Act to prohibit 
A^^^n839^^ digging of cellars, in future, within the limits of towns on the sea- 
' board," passed on the twenty-first day of December, in the year one 
thousand eight hundred and thirty-nine, be, and the same is hereby, re- 
pealed. 

In the Senate House, the twenty-third day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of tlepresentativei. 
Approved : Robert K. Scott, Governor. 



No. 46. AN ACT to regulate the admission of persons to practice as 
attorneys, solicitors and counsellors in the courts of this 

State. 

Section 1. Be it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 
Qualifica- and by the authority of the same. Any male citizen, of the age of tweirty- 
t i o n 8 re- qj^q years, having read law in the office of any practicing attorney of 
quiro . good, standing in this State for the period of two years, or graduated at 

any recognized law school in the United States, slmll, on the examination 
of three members of the Bar, appointed by the 'CH'cuit Court for that 
purpose, who shall certify that he is a person of good moral character, 
and possesses the requisite learning and ability, be^a dmitted to practice 
in the Circuit and Probate Courts as an attomeyTsolicitor and counsel- 
Proviso. lor, upon taking the oath prescribed in the Constitution : Provided, That 
in extraordinary cases, the Judge presiding may, in his discretion, dis- 
pense with any portion of the two years study herein required. And the 
Judges of the Supreme Court may, in like manner, and under like regu- 
lations, admit persons to practice as attorneys, solicitors and counsellors 
in the Supreme Court, and admittance to the Supreme Court shall entitle 
them to practice in all of the Courts of this State. 
From other Sec. 2. And person of good moral character, who has been admitted 
States. ^ practice as an attorney, solicitor or counsellor in any Court of record 

in any of the United States, or in any Court of the United States, shall, 
on producing the proper evidence thereof, on motion, be admitted to 
practice as such in the Courts of similar grade in this State, on taking 
the prescribed oath. 
From infe- Sec. 3. Any attorney, solicitor or counsellor, having been admitted to 
nor Courts. pi»a,ctice in the Circuit and Probate Courts, and practiced acceptably 
therein two years, shall, on motion and recommendation of any attorney 
of record in the Supreme Court, be admitted to practice in said Court 
Oath. Sec. 4. The oath required to be taken by this Act shall be adminis- 



OF SOUTH CAROLINA. 97 

tered in open Court, and the name of the person taking the same entered ^ • !>• 1868. 
in a roll or book kept for that purpose, and a certificate of said oath ^— -v— -^ 
shall be filed in Court. 

Sec. 5. Attorneys, solicitors and counsellors may be removed or sus- Removal or 
pended, and also, in aggravated cases, imprisoned, not exceeding twenty- suspension. 
four hours, by the several Courts in which they have been admitted to 
practice, if in the presence of such Court they are guilty of any disorderly 
conduct causing an interruption of business or amounting to an open 
and direct contempt of the Court, his authority or person ; but subject to 
such removal, they shall hold their office for life. 

Sec. 6. Any attorney, solicitor or counsellor may be removed or sus- Cause of re- 
pended who shall be guilty of any deceit, malpractice or misdemeanor ; moval. 
but not until a copy of the charges against him shall have been delivered 
to him by the Clerk of the Court in which the proceedings shall be had, and 
an opportunity shall have been given him of being heard in his defence. 

Sec. 7. If any attorney, solicitor or counsellor shall enter into any penalty for 
speculating practices by purchasing, or procuring to be purchased, any'speculation. 
note or other demand for the purpose of putting the same in suit, when 
otherwise the owner or holder thereof would not sue the same, such attor- 
ney, solicitor or counsellor shall pay a fine of one hundred dollars, and 
shall thereafter be incapable of practicing as such in any Court until 
restored by the Supreme Court. 

Sec. 8. No attorney, solicitor or counsellor shall be allowed to occupy Arguments 
more than two hours of the time of the Court in the argument of any limited. 
cause, unless he shall first obtain the special permission of the Court to 
do so. 

Sec. 9. This Act shall not be construed so as to prevent a citizen from Right of 
prosecuting or defending his own cause, if he so desires. All Acts here- citizens to 
tofore passed, regulating the admission of attorneys, solicitors or coun- §efjn^"*® ^^ 
sellors to practice in the Courts of this State, and all Acts inconsistent inconsistent 
with or supplied by this Act, are hereby repealed. Acts repealed 

In the Senate House, the twenty-third day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved : Robert K. Scott, Governor. 



AN ACT TO REPEAL the CHARTER OP THE TOWN OF HAMBURG. No. 47. 

Be it enacted by the Senate and House of Representatives of the 
State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same. That the Act incorporatiug the town of ^jj^^^^^^* 
Hamburg, in the County of Edgefield, and all Acts appertaining thereto, 
be, and the same are hereby, repealed. 

In the Senate House, the twenty-third day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved : Robert K. Scott, Governor. 
13 



98 STATUTES AT LARGE 

A. D. 1868. AN ACT TO DETERMINE THE MANNER OP DISPOSING OF LANDS PUR- 

^^— V-*^ CHASED BY THE StATE FOR TAXES. 

No. 48. 

Section 1. Beit enacted by the Senate and House of Representatives 

of the State of South Carolina, now met and sitting in General Assembly, 
County Trea- ^"^^ ^7 *^® authority of the same. In the case of all lands purchased 
surer m ay on behalf of the State, under the provisions of Section 108 of an Act en- 
lease, titled " An Act to provide for the assessment and taxation of property," 
the County Treasurer shall, in the name of the State, enter upon and take 
possession of the same, and may lease the same in parcels not exceeding 
forty acres each, to any person or persons who are citizens of the State, and 
Attorney- who may desire to cultivate the same; said leases to be in such form as 
General shall shall be prescribed by the Attorney-General, and subject to all the rights 
prescribe the ^f redemption in such case provided for by law. Said lands may be leased 
' for a sum certain, not liBss than ten per cent, of the cost thereof, or for 
such share of the crops a^ shall be reasonable and just. 
Right of Sec. 2. Any person who shall have rented lands under the provisions 
pre - emption of the foregoing Section, entered upon and fulfilled the conditions of the 
acquired. lease, shall, at the expiration of the time during which said lands were 
redeemable by the original owner, be deemed to have acquired a right of 
pre-emption in the same. 
Forty acre Sec. 3. After the time allowed for the redemption of any lands pur- 
to the^W^ h^\ ^^**^^ ^y *^® County Treasurer, on behalf of the State on account of 
bidder. taxes, shall have passed, the said Treasurer shall cause the same, or any 
portion thereof, to be sub-divided and sold, in parcels not exceeding forty 
acres each, at public sale, after giving sixty days' notice thereof, and 
issue a certificate therefor. Said lands shall be sold to the highest bid- 
der, and on terms most advantageous to the revenue of the State : Pto- 
Proviso. fMed\ The party or parties who may have gained a right of pre-emption 
shall have the right to purchase the same at a sum not less than the cost 
thereof to the State, one-fourth of the purchase money to be paid down, 
and the balance, with interest, in three annual instalments. 
Patents to be Sec. 4. After the purchase money shall have been fully paid, together 
issued. with the interest thereon, the Governor is authorized and required to, 
cause a patent or patents to be issued to any such person as may be the 
bona fide purchaser, owner, assignee or transferee of such lands or tene- 
ments, under and by virtue of any certificates of sale, or under and by 
Proviso, virtue of any assignment or transfer of such certificate : Provided, That 
in case of an assignment or transfer of a certificate of sale, the person ap- 
plying for such patent shall give satisfactory proof to the County Treas- 
urer of the preceding transfers and assignments. 
County Trea- Sec. 5. The County Treasurer shall, on or before the first day of No- 
surer to re- vember in each year, report to the State Treasurer all lands leased under 
??^ureran-*^^^ -^^*» giving the names of the lessees and the terms of each lease, and 
nually. the names of the original owners of such lands. Also, a report of all lands 
sold, and of the certificates of sale issued, and the terms of each sale. All 
To account moneys accruing to the State under the provisions of this Act shall be paid 
for moneys. ^^^^ ^^^ accounted for in the same maimer as money received for taxes. 

In the Senate House, the twenty-third day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 
L. BOOZEK, President of the Senate. 

FEANKLIN J. MOSES, Jr., Speaker House of Kepresentatives. 
Approved : Eobert K. Scott, Governor. 



OF SOUTH CAROLINA. 99 

AN ACT TO MAKE ADDITIONAL APPROPRIATIONS FOR THE PAYMENT A. D. 1868. 
OP THE PER DIEM AND MILEAGE OF THE MEMBERS, THE SALARIES *— V— ^ 
OF SUBORDINATE OFFICERS, AND OTHER EXPENSES OF THE ^GeNE- No. 49. 

RAL Assembly, and for the payment of the salaries of 
THE State officers. 

Section 1. Be it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, ^ a ^^-f • i 
and by the authority of the same. That the additional sum of sixty ap prop r^i^a- 
thousand dollars^ if so much be necessary to meet the expenses of the tion. 
present session of the General Assembly, be paid out of any money in the 
Treasury not otherwise appropriated : Provided, That the pay certificates 
of members and officers and the pay certificates and orders for all other Certificate to 
expenses shall be signed by the Clerks and countersigned by the pre- be signed, 
siding officers of the respective Houses to which such officers, or mem- 
bers, or expense, belongs ; but that the pay certificates or orders of 
officers, and expenses common to the two Houses, shall be signed by the 
Speaker of the House of Representatives and countersigned by the rres- 
ident of the Senate, and collected at the Treasury for each House by 
such person as the Speaker of the House may direct for the House of 
Representatives, and President of the Senate may direct for the Senate ; 
and for officers common to both Houses, by joint order of the presiding 
officers of the two Houses. 

Sec. 2. That the additional sum of twelve thousand dollars ($12,000), Salaries of 
if so much be necessary to pay the salaries of the following officers, to- Governor, 
wit : Governor, Adjutant and Inspector-General, the State constabulary *^' 
force, Private Secretary of the Governor, Messenger of the Governor, Sec- 
retary of State, State House Keeper and Legislative Librarian, Chief 
Justice of Supreme Court, two Associate Justices of Supreme Court, 
three Chancellors, eight Judges of Circuit Courts, Attorney-Greneral, 
Solicitors, Clerk of Court of Appeals, Messenger of Court of Appeals, 
State Reporter, Treasurer of the State, Comptroller-General, Physician 
to Charleston Jail, Assessor of St. Phillip's and St. Michael's Parish, Su- 
perintendent of Education and School Commissioners, be paid out of any 
money in the Treasury not otherwise appropriated, the same to be drawn 
and paid in the manner heretofore authorized by law. 

In the Senate House, the twenty-fourth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robert K. Scott, Governor. 



AN ACT TO PROVIDE FOR THE TEMPORARY APPOINTMENT OP MaG- No. 50. 
ISTRATES, AND TO DEFINE THEIR POWERS AND DUTIES. 

Section 1. Be it enacted by the Senate and House of Representatives Qorernor to 
of the State of South Carolina, now met and sitting in General Assembly, appoint Ma- 
and by the authority of the same. Until the organization of the Courts gistrates. 



100 / STATUTES AT LARGE 

A. D. 1868. contemplated by Section 21, 22 and 23, of Article fourth, of the Consti- 
^— ■>'-*-^ tution, the Governor is hereby authorized, empowered and required to ap- 
point a suitable number of fit and discreet persons in each County to act 
as Magistrates for such Counties, which persons he shall commission ; and 
Practice in the practice in such Magistrate Courts shall conform to the law as here- 

^ufts^ tofore existing, so far as the same is not inconsistent with this Act, or 

with the provisions of the Constitution of this State, as ratified in April, 
1868. 
Oath of of- Sec. 2. On receiving such commission, and before entering upon the 

fice. duties of their offices, such Magistrates shall take and subscribe, before 

the Clerk of the Court of their respective Counties, the oath required by 
Section 30, Article II, of the Constitution, and file the same in his office, 
unless in Counties where such Clerks may not be qualified according to 
law ; and in such cases the said oath shall be administered by any officer 
authorized to administer oaths in the County where such Magistrate may 
be appointed ; and such oath, so administered, shall be filed in the office 
of the Secretary of State. And such Magistrates may immediately enter 
upon the discharge of their duties. 

J iirisdiction. Sec. 3. Such Magistrates shall have original jurisdiction in cases of 
bastardy, and in all matters of contract and actions for the recovery of 
fines and forfeitures, where the amount claimed does not exceed ninety- 
nine dollars ; and in cases of actions ex delicto, where the damages claimed 
do not exceed ninety-nine dollars ; and prosecutions for assault and bat- 
tery, and other penal offences less than felony, punishable by fine not 
exceeding ninety-nine dollars. They may also sit as examining courts, 
and commit, discharge or recognize (except in capital cases) persons 
charged with offences. They shall also have power to bind over to keep 
the peace, or for good behavior. For the foregoing purposes they shall 
have power to issue all necessary processes. 
Removal of Sec. 4. The Governor of the State is hereby authorized and empowered, 

Magistrates, upon such evidence as may to him be satisfactory, to summarily remove 

any Magistrate of this State. 
Parties enti- Sec. 5. Either party to a suit before a Magistrate sh^ be entitled to a 

tied to* jury, trial by jury. 

Selection of Sec. 6. In civil cases the parties may agree on a jury ; but when they 
juries. ^q not agree, and also in criminal causes, a iury shall be selected in the 

foUowini manner : The Sheriff, Constable, or officer appointed by the 
Magistrate, shall write and fold up eighteen ballots, each containing the 
name of a respectable voter of the vicinity ; he shall deliver the ballots 
to the Magistrate, who shall put them into a box and shake them to- 
gether, and the officer shall draw out one, and the person so drawn shall 
be one of the jury, unless challenged by either party ; and the officer 
shall thus proceed until he shall have drawn six who ^hall not be chal- 
lenged ; but if the first twelve shall be challenged, and the parties do 
not agree to a choice, the last six shall be the jury ; and when any of the 
six jurors so drawn cannot be had, or are disqualified by law to act in 
such case, and the parties do not supply the vacancy by agreement, the 
officer shall proceed to prepare, in the manner before directed, ballots for 
three times the number thus deficient, which shall be disposed of and 
drawn as above provided, 
d^inquent ^^^* ^' If any juror so summoned shall neglect or refuse to appear in 
jurors. obedience to such venire, and shall not, within forty-eight houi*s, render 



OT S(yCTH CAEOLIMA. 101 

to the Magistrate who issued the venire a sufficient reason for his delin- A. D. 1868. 
quency, he shall forfeit and pay a fine of two dollars to the Treasury of ^"-^"v^*^ 
the County where the cause is tried, to he assessed by such Magistrate, . ^^^® ^^^^ 
and collected on his warrant without other process. mtolreasury 

Sec. 8. An appeal from the judgment of a Magistrate to the next Appeals. 
stated term of the Circuit Court in the County where the judgment is 
rendered ma^ be taken by either party, if claimed within two hours after 
the rendition thereof. 

Sec. 9. In criminal cases, the party appealing shall, at the time of the In criminal 
appeal, give security, by way of recognizance, to the Treasurer of the cases. 
(jounty where the offence is charged to have been committed, if the pros- 
ecution be on complaint of an informing officer ; if otherwise, to the pros- 
ecutor, conditioned that the appellant shall personally appear before said 
Circuit Court, and there prosecute his appeal to effect, and abide the order 
of the Court thereon. 

Sec. 10. In civil causes the party appealing shall, at the time of the Security. 
appeal, give security, by way of recognizance, to the adverse party that 
the appdlant shall prosecute his appeal to effect, and answer and pay all 
intervening damages, occasioned by delay, to the appellee, with addi- 
tional cost, if judgment be affirmed. 

Sec. 11. The appellant shall produce and enter in the Court to which Papers to be 
the appeal is taken attested copies of the original writ, process, record of produced, 
judgment, and all evidence filed in the Court from which the appeal was 
allowed. In the Circuit Court the cause shall be heard de novo, or as if 
no trial had been had. 

Sec. 12. The fee of each juror for trying an action shall be twenty-five Fees of ju- 
cents, to be advanced by the party praying for a jury before a venire shall ^^^^' 
issue. ' 

Sec. 13. This Act shall take effect immediately, and all Acts or parts 
of Acts inconsistent herewith are repealed. 

In the Senate Housfe, the twenty-fourth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robert K. Scott, Governor. 



an act to supply temporary vacancies in the office of the no. 51. 

Governor. 



President of 



Section 1. Beit enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same. In case of the removal, death, resig- Senate^ pro 
nation or inability, or both, the Governor or Lieutenant-Governor, the iem. 
President of the Senate pro tempore shall exercise the oflice of Grovemor 
until such disability shall have been removed, or until the next general 
el&tion, when a Governor shall be elected by the electors duly qualified, 
as is prescribed by Section 2 of Article third of the Constitution. 




102 8TATDTES AT LAB6E 

A- D. 18Ca Sec. 2. In case of the disability, from wbaterer cause, of the Governor, 

'^-^"v^^^ Lieotenant-Ooremor and the President of the Senate pre tempore, the 

Speaker of Speaker of the House of Representatives shall exercise the office of Gk)v- 

m>MenUi^Tei ^"^^''> ^ ^® manner, and upon the like conditions, as are prescribed by 

Section first of this Act 
General As- Sec. 3. In case of the disability, from whatever cause, of all the officers 
eembly shall enumerated in the preceding Sections, the Greneral Assembly, if the same 
er^r* ^^' shall be in session, by a joint vote, shall elect a person duly qualified to 
fill the office of Governor, in like manner, and upon the like conditions, 
as are prescribed by Section first of this Act. 
He shall im- Sec. 4. Whenever a Governor shall be ejected at such general election, 
mediately en- as hereinbefore provided, he shall immediately enter upon the discharge 
tf^ ^^^ ^"' of the duties of his office, and shall continue to so discharge such duties 
during the residue of the term. 

In the Senate House, the twenty-fourth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jb., Speaker House of Representatives, 
Approved : Robert K. Soott, Governor. 



No. 52. AN ACT to reoulate attachments. ^^ 2- ? ^ 

Section 1. Be it enacted by the Senate and House o£ Representatives 
When prop- ^^^^^ State of South Carolina, now met and sitting in Greneral Assembly, 
erty may De and by the authority of the same, In an action for the recovery of 
attached. money against a corporation created by or under the laws of any other 
State, Government or country, or against a defendant who is not a r esi- 
d ent of this St ate, or against ^Tdefendant who has absconde d or con- 
cealed himself^ or whenever "any person W'c brporafi on is abo utto re move 
any of his or its proj^^Tfrolnmis Slate, or has assigned, disposed of or 
secreted, or is about to assign, dispose of or secrete, any of his or its prop- 
erty, with intent to defraud cr^tors, as hereinafter mentioned, the 
plaintiff, at the time of issuing the summons, or at any time afterwards, 
may have the property of such defendant or corporation attached, in the 
-^manner hereinafter prescribed, as a security for the satis&ction of such 
judgment as the plaintiff may recover. 
Who may ^^^' ^' ^ warrant of attachment must be obtained from a Judge, Jus- 
issue attach- tice of the Peace, Magistrate, or Clerk of a Court in which or before 
ment. whom the action is brought. 

When i - ^^^' ^ ^® warrant may be issued whenever it shall appear by affi- 
able. ~ davit that a cause of action exists against such defendant, specifying the 

amount of the claim and the grounds thereof, and that the defendant is 
either a foreign corporation or not a resident of this State, or has de- 
parted therefrom with intent to defraud his creditors, or to avoid the ser- 
vice of a summons, or keeps himself concealed therein with like intent, 
or that such corporation or person has removed, or is about to removfe, 
any of his or its property from this State, with intent to defitiud his or 



OP SOUTH CAROLINA. 103 

its creditors, or has assigned, disposed of or secreted, or is about to assign, A. D. 1868. 
dispose of or secrete, any of his or its property, with the like intent, ^-^-v^-^ 
whether such defendant be a resident of thia State or not. It shall be When to be 
the dijty of the plantiff procuring such warrant, within ten days ^-ft^r^J^®^'^^*^^ 
the issuing thereof, to cause the affidavits on which the same was granted filed. 
to be filed in the office of the Justice of the Peace, Magistrate, or Clerk 
of the Court of the County in which the action is to be tried. 

Sec. 4. Before issuing the warrant, the Judge, Justice of the Peace, Plaintiff to 
Magistrate or Clerk, shall require a written undertaking on the part of sive surety. 
the plaintiff, with sufficient surety, to the effect that S the defendant 
recover judgment the plaintiff will pay all costs that may be awarded to 
the defendant, and all damages which he may sustain by reason of the 
attachment, not exceeding the sum specified in the undertaking, which 
shall be at least one hundred dollars. 

Sec. 5. The warrant shall be directed to the Sheriff of any County in Directed to 
which property of such defendant may be, and shall require him to Sheriff. 
attach and safely keep all the property of such defendant, designating 
the same, within his Uounty, or so much thereof as may be sufficient to 
satisfy the plaintiff's demand, together with costs and expenses ; the 
amount of which must be stated in conformity with the complaint." 
Several warrants may be issued at the same time to the Sheriffs of differ- 
ent Counties. 

Sec. 6. The Sheriff to whom such warrant is directed and delivered Property to 
shall immediately attach all the real estate of such debtor, and all his ^® attached. 
personal estate, including money and bank notes, except such real and 
personal estate as is exempt from attachment, levy or sale by the Consti- 
tution ; and shall take into his custody all books of account, vouch- 
ers and papers relating to the property, debts, credits and effects of 
such debtor, together with all evidences of his title to real estate, which 
he shall safely Keep, to be disposed of as hereinafter directed. 

Sec. 7. ^e shall, immediately on making such seizure, with the assist- Sheriff's du- 
ance of two disinterested freeholders, make a just and true inventory of *^®^ "^ ^^^®* 
all the property so seized, and of the books, vouchers and papers taken /pL^^ i^^ 
into his custody, stating therein the estimated value of the several arti- i^^^* 
cles of personal property, and enumerating such of them as are perisha- 
ble, which inventory, after being signed by the Sheriff and the appraisers, 
shall, within ten days after such seizure, be returned to the officer who 
issued the warrant ; and the Sheriff shall, under the direction of such 
officer, collect, redeive and take into his possession all debts, credits and 
effects of such debtor, and commence such suits, and take such legal pro- 
ceedings, either in his own name or in the name of such debtor, as may 
be necessary for that purpose, prosecute and discontinue the same at such 
times and on such terms as the Court may direct. The property so 
seia^d, or the proceeds of such as shall have been sold, and debts col- 
lected, shall be kept to answer any judgment which may be obtained in 
such action. 

Sec. 8. If any of the property so seized be perishable, the Sheriff Perishable 
shall sell the same at public auction under an order of the officer who ^e^go^^*^ ^ 
issued the warrant, and shall retain in his hands the proceeds of such 
sale, after deducting his expenses, to be allowed by such officer, which 
proceeds shall be disposed of in the same manner as the property so 
sold would have been if it had remained unsold, 




104 [STATUTES AT LARGE 

A. D. 1868. Sec. 9. If any goods or effects seized as the property of the debtor 
*^— —v—^ shall be claimed by or in behalf of any other person as his property, 
Claims by within two days after the iippraisement of such property, as set forth m 

third parties, gection 7 of this Act, the claimant or his agent may execute a bond to 
the Sheriff, with sureties to be approved by him, in a penalty double the 
amount of such appraised value, conditioned that in a suit to be brought 
on such bond the claimant will establish that he was the owner of said 
property at the time of the seizure ; and in case of his failure to do so, 
that he will pay the amount of such valuation, with interest from the 
date of the bond. Upon such bond being executed and delivered to the 
Sheriff, he shall discharge said property from the attachment : Provided, 
Proviso. Nothing in this Section shall be construed to prevent the claimant from 
proceeding in any proper form of action for the recovery of such prop? 
erty, or the value thereof. 

Stocks liable. Sec. 10. The rights or shares which such defendant may have in the 
stock of any association or corporation, together with the interest and 
profits thereon, and all other property in this State of such defendant, 
shall be liable to be attached and levied upon, and sold to satisfy the 
judgment and execution. 
Execution • ^EC. 11. The execution of the attachment upon any such rights, shares, 

how made, or any debts or other property incapable of manual delivery to the Sheriff 
shall be made by leaving a certified copy of the warrant of attachment 
with the President or other head of the association or corporation, or the 
Secretary, Cashier or managing agent thereof, or with th e debtor or in- 
dividual holding such property, with a notice showmg the property levied 
upofu 
Debtor shall Sec. 12. Whenever the Sheriff shall, with a warrant of attachment or 

furnish cer- execution against the defendant, apply to such officer, debtor or individ- 

tiiicate. ^g^ig £qj. |.jjg purpose of attaching or levying upon such property, such offi- 

cer, debtor or individual shall furnish him with a certificate, under hiB 
hand, designating the number of rights or shares of the defcyidant in the 
stock of such association or corporation, with any dividend or any incum- 
brance thereon, or the amount and description of the property held by, 
such association, corporation or individual for the benefit of, or debt owing 
to, the defendant. If such officer, debtor or individual refiise to do so, 
he may be required by the Court or Judge to attend before him, and be 
examined on oath concerning the same, and obedience to such orden 
may be enforced by attachment. 
Satisfaction. ^EC. 13. In case judgment be entered for the plaintiff in such action, 
the Sheriff shall satisfy the same out ©f the property attached by him, if 
it shall be sufficient for that purpose : 
To plaintiff. 1. By paying over to such plaintiff the proceeds of all sales of perish- 
able property, and of any debts or credits collected by him, or so much 
as shall be necessary to satisfy such judgment. . 

Balance due. 2. If any balance remain due, and execution shall have been issued on 
such judgment, he shall proceed to sell under such execution so much of 
the attached property, real or personal, except as provided in sub-divis- 
ion four of this Section, as may be necessary to satisfy the balance, if 
enough for that purpose shall remain in his hands ; and in case of the 
Purchaser sale of any rights or shares in the stock of a corporation or association, 

certificate ^ of ^^®^^*^^^^®^^ execute to the purchaser a certificaFe of sale thereof, and 

sale. the purchaser shall thereupon have all the rights and privileges, in re- 

spect thereto, which were had by said defendant. 



OP SOUTH CAROIilNA. 105 

8. If sny of the attached proper^ belonging to the defetidant shall A. D. 1868. 
have passed out of the hands of the Sheriff without having been sold or *— — v— -^ 
converted into money, such Sheriff shall repossess himself of the same, ^BepoMes- 
and for that purpose shall have all the authority which he had to seize ^*^"' 
the same under Uie attachment ; and any person who shall wiliiilly con- 
ceal or withhold such property from the Sheriff shall be liable to double 
danu^es, at the suit oi the party injured. 

4. Until the judgment against the defendant shall be paid, the Sheriff Bemainder 
may proceed to collect the notes and other evidences of debt, and the to plaintifl*. 
debts that may have been seized or attached under the warrant of attach- 
ment, and to prosecute any bond he may have taken in the course of such 
proceedings, and apply the proceeds thereof to the payment of the judg- 
ment. When the juagment and all costs of the proceedings shall have 
been paid, the Sheriff, upon reasonable demand, shall deliver over to the 
defendant the residue of the attached property or the proceeds thereof. 

Sec. 14. The actions herein authorized to be brought by the Sheriff Surotiea. 
may be prosecuted by the plaintiff, or under his direction, upon the de- 
livery by him to the Sheriff of an undertaking, executed by two sufficient 
sureties, to the effect that the plaintiff will indemniiy the Sheriff for all 
damages, costs and expenses on account thereof, not exceeding two hun- 
dred and fifty dollars m any one action. Such sureties shall, in all cases, 
wheu required by the Sheriff, justify his making an affidavit that each 
is a householder, and worth double the amount of the penalty of the bond, 
over and above all demands and liabilities. 

Sec. 15. If the foreign corporation, or absent, or absconding, or con- Foreign cor- 
cealed defendant, recover judgment against the plaintiff in such action, P<>ration9. 
any bond taken by the Sheriff, except such as are mentioned in the pre- 
ceding Section, all the proceeds of sales and money collected by him, and 
all the property attached remaining in his hands, shall be delivered by 
kim to the defendant or his agent, on request, and the warrant shall be 
discharged and the property released there&om. 

Sec. 16. Whenever the defendant shall have appeared in such action, Keleaie from 
he may apply to the officer who issued the attachment, t)r to the Court, attachment. 
for an order to discharge the same ; and if the same be granted, all the 
proceeds of sales and moneys collected by him, and all the property at* 
tached remaining in his hands, shall be delivered or paid by him to the 
drfendant or his agent, and released from the attachment ; and where 
there is more than one defendant, and the several property of either of 
the defendants has been seized by virtue of the order of attachment, the 
defendant whose several property has been seized may apply to the offi- 
cer who issued the attachment for relief under this Section. 

Sec. 17. Upon such application, the defendant shall deliver to the Bond for 
Court or officer an undertaking, executed by at least two sureties, who are sureties. 
residents and freeholders or householders in this State, approved by such 
Ckmti or officer, to the effect that the sureties will, on demand, pay to the 
plaintiff the amount of judgment that may be recovered against the de- 
ftndant in the action, not exceeding the sum specified in the undertaking, 
which shall be at least double the amount claimed by the plaintiff in his 
complaint. If it shall appear by affidavit that the property attached be 
less than the amount claimed by the plaintiff, the Court or officer issuing 
tiia atta^hmesit may order the same to be appraised, and the amount m 
the undertaking shall then be double the amount so appraised ; and in 
14 



IM 8TAT0TES AT LABOE 

A.D.180S. all esses the defiaidant msjmore to disdiaige the ftttachmeiit; and 
^""v*"-^ where there is more than mie defendant, and the several propertjof 
Moti<m to either of the defendants has been sdzed by virtne of the order of attach- 
^^*^*^S^ ment, the defendant, whose several property has been seized, may deliver 
to the Coart or officer an undertaking, in accordance with the provisions 
of this Section, to the eflkct that he will, on demand, pay to the plaintiff 
the amoont of judgment that may be recovered against sach detendant, 
and all the provisions of this Section applicable to such undertaking shall 
be applied thereto. 
Sheriff to Sec. 18. When the warrant shall be fully executed or discharged, the 
TeturiL Sheriff shall return the same, with his proceedings thereon, to the Court 

in which the action was brought. 
P eei of Sec. 19. The fees and compensatioii of the Sheriff for services under 
Sheriit ^|g j^^^ shall be assimilated to those now allowed by law for similar or 

equivalent services. 
Distress for g^^^ 20. Distress for non-payment of rent, as heretofore existing) is 
of^^^^K^- abolished. All Acts and parts of Acts inconsistent with this Act are 
ished. hereby repealed. 

In the Senate House, the twenty-fourth day of September, in the year 
of our Lord one thousand eight hundbred and sixty-eight. 

L. BOOZER, President of the Senate. 

FBANEXIN J. MOSES, Jb., Speaker House of Bepresentatives. 
Approved : Bobebt K. Soott, Governor. 



No. 53. AN ACT to pbovids fob the patkent of the hileaqe and peb 

DIEM OF THE MEKBEBS, AKD OF THE EMPLOYEES, OF THE GeKESAL 

Assembly. 

Section 1. Beit enacted by the Senate and House of Representatives of 

the State of South Carolina, now met and sitting in (jeneral Assembly, 

Members to and by the authority of the same, That the Clerk of the Senate and 

^® f**^'^^*^®^ Sergeant-at-Arms of the House be, and are hereby, authorized to ftimish 

tifioat^ ^^^' ^^^^ member of the respective branches of this General Assembly with 

a certificate of the amount of his mileage and per diem, due him firom 

the first of September, 1868, to the last day of the present session, incla- 

sive, as he may direct. 

To be signed Sec. 2. That the certificates shall be made out at the rate of mileage 

o&cer^* ^^ and per diem established by the new Constitution of South Carolina, and 

each certificate of the Senators shall be certified to by the President of 

the Senate, and the certificates of the members of the House hy the 

Speaker, and shall be paid in Bills Receivable, to the value of Dnited 

States currency, at current rates of exchange, said rate to be fixed by the 

Treasurer of the State ; and each certificate shall have the amount due 

the holder in legal tender, and the amount in Bills Beceivable required 

to pay the same, at the rates aforesaid. 

Officers and Seg. 3. .That the subordinate officers and employees of this General 

mployees. Assembly shall, in like manner, be furnished with GertLficatea, as afore^ 

said, except as to mileage. 



OF B0DTH CABOUKA. 107 

Ssc. 4. That the Treasurer of this State is hereby authorized to pay A. D. 186a 
the said certificates out of Bills Receivable in the Treasury of the State ^*-^\^— ^ 
of South Carolina, at the current rates, as provided in Section 2 of this Treasurer to 
Act, and hold the certificates as his receipts therefor. ^^^* 

In the Senate House, the twenty-fourth day of September, in the year 
of our Lord one thousand eight hunmred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jb., Speaker House of Representatives. 
Approved: Robkrt K. Scott, Governor. 



AN ACT TO PUNISH DISCRIHINATION DST THB TBEATHENT OF PRDS- No. 54. 

ONERS BY Jailers and Sheriffs. 

. Section 1. Beit enacted by the Senate and House of Representatives of 
the State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same, That from and after the passage o^i^^<m*^^°^* 
this Act it shall be unlawful for Sheriffs or Jailers to make any discrim- 
ination in the treatment of prisoners placed in their custody. 

Sec. 2. Every violation of this Act shall be a misdemeanor, and upon Penalty. 
conviction thereof the party convicted shall be fined not less than twenty- 
five dollars, and imprisoned for not less than one month, nor more than 
twelve months. 

In the Senate House, the twenty-fifth day of September, in the year ^ 

of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robert K. Scott, Governor. 



AN AC3T TO AMEND AN ACT ENTITLED "An AcJT TO PROVIDE FOR No. 55. 



THE INSPECTION OF FLOUR." 



Be it enacted by the Senate and House of Representatives of the 
State of South Carolina, now met and sitting in Greneral' Assembly, 
and by the authority of the same, That the Act entitled " An Act to ^jf^^^H^ 
provide for the inspection of flour," ratified on the twentieth day of De- amended. ' 
cember, in the year of our Lord one thousand eight hundred and fifty, 
be, and the same is hereby, so amended that hereafter flour of wheat, rye 
or com, manufactured in the city of Charleston for export to any other 
port or ports beyond the limits of the State, shall not be liable to inspec- 
tion in the said city of Charleston. 

In the Senate House, the twenty-fifth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robert K. Scott, Governor, 



108 STATITTES AT LAB0I: 

A.D.1B68. AN ACT TO FBOVIDE FOR THB ELECTION OP THE Ol^flCffifS 0V 
'■— -^^-^ INCOBPOBATBD CiTIBS AND TOWNB IN THE StATE OP SoUTH CA^P" 

No. 56. UNA. ' 

Section 1. Be it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 
Election to and by the authority of the same, That His Excellency the Governor 
1)0 ordered, shall, on or immediately after the passage of this Act, order an election 
to be held on the second Tuesday of November, in the year 1868, in all 
incorporated cities and towns Qf this State, for the election of all officers 
provided for by the charters of the said cities and towns. 
Managers of ^^^' ^* ^^^ Managers of Elections appointed in pursuance of an Act 
Elections. of the General Assembly, passed at the special session of 1868, entitled 
" An Act to provide for the next general election," are hereby authorized 
and required to conduct the elections herein provided for, and all subse- 
quent elections that may be ordered to be held in such cities and towns, 
until otherwise provided for by law. 
R egistration. ^^^' ^' ^^ order to secure the free expression of all persons qualified 
to vote, as hereinafter provided, the Managers of Election shall open their 
respective polling places for three (3) days next preceding the day fixed 
for the election herein provided for, commencing at 7 o'clock A. M., and 
closing at 5 o'clock P. M., each day, and shall, during these days, record 
the names of all qualified electors, and their place of residence, in a book 
to be furnished by them, the Managers. All persons who present thiem- 
selves for such registration shall, before their names are recorded, take 

^ j^ and subscribe to the following oath : I, , do solemnly swear 

(or affirm) that I am a citizen of the United States ; that I have been an 
inhabitant of this State for one year next preceding this day, and for the 
last sixty days a resident of this city (town or village, as the case may 
be) ; that I reside in this ward (or polling precinct). The Managers shall, 
To be secure- after the election, turn over the registration books to the Mayor or In- 
ly deposited. Pendant, who shall cause the same to be put up in a safe and secure place. 
They shall receive a sum of money to cover expenditures for books, sta- 
Expenses. tionery, &c., together with their pay as herein allowed, from the Treasury 

of such ci^, town or village wherein such election is held. 
Qualifica- Sec. 4. The qualifications of an elector shall be those required by the 
tions of vo- Constitution, together with a residence of sixty days next preceding the 
tera. election, within the corporate limits of the city or town, and that he has 

been duly registered in the ward or precinct in which he offfers to vote. 
Counting of Sec. 5. The Managers of Election shall meet at 10 o'clock A. M. on 
votes. the day succeeding such election, at some public place within the corpo- 

rate limits of the city or town in which such election is held, and proceed 
to count the votes, under oath, stating the whole number of votes cast for 
Report of each candidate or person voted for, and shall transmit their report of the 
election. same, in a sealed envelope, to the acting Mayor or Intendant of the city 
or town wherein they have been appointed ; and if there be no acting 
Mayor or Intendant in any such city or town, or in the absence of such 
Mayor or Ijitendant, the same shall be transmitted to the Clerk of Court 
for the County in which said city or town may be. The said Mayor or 
Intendant, or Clerk of Court, shall open the report of said Managers, 
ment of result ^^^ ®^^^ announce and publish the whole number of votes cast, and the 
whole number cast for each candidate, when the several candidacies te- 



OF SOUTH CAKOMWA. IW 

oeivkig the largest niu^ber of legal votes for the offices fi)f whieh tiiey A. D, 1B68. 
were yoted for, shall be declared duly elected. The Managers of Eleo- ^— v -'^ 
tion shall decide contested cases, subject to the ultimate decision of the Gontfttted 
Boards of Aldermen or Wardens, when organised, except when the elec- ^*^®*- 
tion of a majority of the persons voted for are contested, or the Managers 
charged with illegal conduct, in which case the returns, together with the 
ballots, shall be examined, and the case investigated by the acting Board 
of Aldermen, who shall declare the election, and their decision shall be 
binding upon all parties. 

Sec. 6. In all elections held in accordance with this Act the polls shall Opening of 
be opened at 7 o'clock A. M., and kept open during one day at all the polls- 
polling precincts and in the various wards, and shall close at 5 o'clock 
r. M. Each ward in the city of Charleston shall constitute at least one 
polling precinct. 

Sec. 7. The officers elected under this Act shall, on taking the oath Officer* elec- 
prescribed in the Constitution, be inducted into office on the Monday ted. 
succeeding their election, and shall immediately enter upon the discharge 
of their official duties. 

Sec. 8. Said officers shall hold their offices up to the regular time fixed Term of of- 
by charter for the election of the same, and for one full term thereafter, fice. 
and until their successors are duly elected and qualified. The oath of 
office may be administered by any officer of the State who is authorized 
by law to administer the same. 

Sec. 9. The Managers of Elections shall receive, as compensation for , Compena*- 
their services, the sum of two dollars per day, for the time actually ^t^-^^^q^ ^^^* 
ployed in such election, and also for the time employed in the registration 
of voters. 

Sec. 10. All bar-rooms and drinking saloons in the town or city where Closing of 
such election is held shall be closed on the days of election ; and any har-rooms. 
person who shall sell to any person any intoxicating drinks on the day of 
election shall be guilty of a misdemeanor, and on conviction thereof shall 
be fined in a sum not less than one hundred dollars nor more than three Penalty, 
hundred dollars, or be imprisoned for a period not less than one month 
nor more than six months. 

Sec. 11. All statutes providing against illegal voting, or the bribery ^ Illegal vot- 
and intimidation of voters, passed heretofore, and not inconsistent with ^^fr 
the present Constitution, are continued in full force ; but all Acts or parts 
of Acts inconsistent therewith, or supplied by this Act, are hereby re- 
pealed. 

In the Senate House, the twenty-fifth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZEK, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of RepresentativeiL 
Approved : Robert K. Scott, Governor. 



AN ACT TO meet contingent expenses in the offices op the No. 07. 
Comptroller-General and Treasurer op the State. 

Be U enacted by the Senate and House of Representatives of the 
State of South Carolina, now met and sitting in General Assembly, ahd 



110 STATUTES AT LARGE 

A. D. 186a by the authority of the same, That the sum of two thousand dollars, if 
^'— ■>''*-^ so much be necessary, be, and the same is hereby, appropriated to the 
Appropria- payment of contingent expenses in the offices of the ComptroUer-Greneral, 
**®"* Ti^easurer and Auditor of the State. 

In the Senate House, the twenty-fifth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representativai. 

Approved : Robert K. Scott, Governor. 



No. 48. AN ACT to license certain persons, herein nam£I>,'to aot as 
Pilots, and to provide the terms upon which they shall 
hereafter be licensed. 

Section 1. Be it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in Greneral Assembly, 
Persons li- and by the authority of the same, That Tom Vincent, Thomas Smith, 8. 
censed. W. W igg, York Moultrey, Robert Davis, Gabriel Pinckney, G^eo. R. Wil- 

son and Edward Jenkins be, and they are hereby, licensed to act as pilots 
for the bar and habor of Charleston, Stono River, St. Helena Sound, Port 
ProYiio. Royal, and all other navigable streams and rivers in this State : iVo- 
vided, That they shall be first examined and approved by a Board of 
j^sSo^ers."^" Commissioners to consist of three seafaring men, one of whom shall be a 
first-class pilot, to be appointed by the Governor of the State. Said Board 
shall be, and is hereby, authorized to grant license for pilots as 1st, 2d, 
8d and 4th class, as they may be entitled from their skill and knowledge 
of the business. 
Persons au- Spc. 2. Hereafter it shall be lawful for any person or persons to act as 
thorized to pilots in this State who shall be examined and approved oy the Board of 
ac as pi . Commissioners herein provided for. And the pilots appointed in accord- 
ance with the provisions of this Act shall be governed by the laws here- 
tofore in force, except so far as the same may be inconsistent with the 
present Constitution of this State or the provisions of this Act. 
Commission- Sec. 3. The members of the Board of Commissioners herein provided 
ere' term of foj. shall hold their office for two years, unless sooner removed by the 
Governor. When a vacancy occurs a new appointment shall be made 
for the full term. 

Sec. 4. All Acts and parts of Acts inconsistent with this Act, or sup- 
plied by it, are hereby repealed. 

In the Senate House, the twenty-fifth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

, L. BOOZER, President of the Senate. 
FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 

Approved: Robert K. Scott, Governor. 



OP SOUTH CAROLINA. Ill 

an act to provide for the formation and proceedings op the a. d. 1868. 

Colleges of Electors, ^^^^"""^ 

No. 59. 

Section 1. Beit enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 
and by the authority of the same. The Electors of President and Vice- Meeting of 
President shall convene at the capital, in some convenient place, on the ^^^t||^*^™ 
day preceding the first Wednesday in December after their election ; 
and those of them who shall be so assembled at 4 o'clock in the afternoon 
of that day shall, immediately after that hour, proceed to fill, by ballot Vacancies to 
and bv plurality of votes, all vacancies in the Electoral College occa- ^® filled, 
sioned by the death, refusal to serve, or neglect to attend at that hour, 
of any Elector, or occasioned by an equal number of votes having been 
given for two or more candidates. 

Sec. 2. The Electoral College being thus completed, they shall ^^^^ ^^^^ ^l^^^^, 
choose a President and Secretary from their own body. ry. 

Sec. 3. The Secretary of State shall prepare three lists of the names 
of the Electors, procure to the same the signature of the Governor, affix ^^\}^^ ^ 
thereto the seal of the State, and deliver them, thus signed and sealed, to s^te. ^ ^ 
the President of the College of Electors on or before the said first 
Wednesday in December. 

Sec. 4. On the «aid first Wednesday in December, the Electors shall Vote by 
meet at some convenient place at the capital, and then and there vote by ballot. 
ballot for President and Vice-President, one of whom, at least, shall not 
be an inhabitant of the same State with themselves. They shall name 
in their ballots the persons voted for as President, and in distinct ballots 
the persons voted for as Vice-President. 

Sec. 6. They shall make distinct lists of all persons voted for as Pres- Oertifled lists 
ident and of all persons voted for as Vice-President, and of the number o^/jg^didatoa 
of votes for each, which lists they shall sign and certify ; and after an- ^^ ^'* 
nexing thereto one of the lists received from the Secretary of State, they 
shall seal up the same, certifying thereon that lists of the votes of this 
State for President and Vice-President are contained therein. 

Sec. 6. The Electors shall then, by writing, under their hands, or Appoint a 
under the hands of a majority of them, appoint a person to take charge messengerto 
of the lists so sealed up, and to deliver the same to the President of the 
Senate at the seat of Government of the United States before the first 
Wednesday in January then next ensuing. 

Sec. 7. In case there shall be no President of the Senate at the seat of Where to b« 
Grovemment on the arrival of the person entrusted with the lists of the delivered. 
votes of the Electors, then such person is required to deliver the lists of 
the votes in his custody into the office of the Secretary of State of the 
United States. 

Sec. 8. The Electors are also required to forward forthwith, by the Duplicate 
post office, to the President of the Senate of the United States, at the ^^P^«^^^^^ 
seat of Government, and to deliver forthwith to the Judge of the United mai]. 
States for the District of South Carolina, similar lists, signed, annexed, 
sealed up and certified in the manner aforesaid. 

Sec. 9. Every Elector of this State for the election of a President Oompouja- 
and Vice-President of the United States, who shall attend at any erection ^ozi. 
of those officers, and give his vote at the time and place appointed by law, 
ihall be entitled to receive for his attendance at such electiony and tm 




112 STATOTEB AT LARGS 

A. D. 186& traveling td and from his place of residence, hy the most usaal route, the 
same sum as shall at the time be allowed by law to members of the Gen- 
eral Assembly for their attendance and travel, to be paid in like 
manner. 

In the Senate Hoose, the twenty-fifth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Rcpresentativet. 
Approved : Robert K. Scott„ Governor. 



No. 60. AN ACT to establish quarantine at Gboboetown, Charleston 

AND Hilton Head. 

Section 1. Be it ena/ded by the S^iate and House of Representativei 
of the State of South Carolina, now met and sitting in General Assembly, 
nchoriig>e8. ^^^ i^^ ^^ authority of the same. The anchorage ground for vessels at 
quarantine at the ports of Georgetown, Charleston and Hilton Head shaU 
be where it has heretofore been, and shall be designated by buoys to be 
anchored under the direction of the health officers ; and every vessel 
subject to quarantine shall, immediately on her arrival, anchor within 
them, and there remain, with all persons arriving on her, subject to the 
examination and regulations imposed by law. For the purposes of quar- 
antine the port at Hilton Head shall be held to include the port of 
Beaufort. 
Term of Seo. 2. Vessels arriving at the ports of Georgetown, Charleston and 
luarwitiiie. Hilton Head shall be subject to quarantine as follows : 1. All vessels 
from any place where pestilential, contagious or infectious disease ex- 
isted at the time of their departure, or which shall have arrived at such 
place and proceeded thence to ^ther of said ports, or on board of which, 
during the voyage, any case of such disease shall have occurred, arriving 
between the first day of May and the first day of November, shall remain 
at quarantine for at least thirty days after their arrival, aiid at least 
twenty days after their cargo shall have been discharged, and shall perform 
such further quarantine as the health officers may prescribe. 2. All ves- 
sels from any place (including islands) in Asia, Africa or the Mediterra- 
nean, or &om any of the West Indies, Bahama, Bermuda or Western 
Islands, or from any place in America in the ordiaary passage from which 
they pass south of Hilton Head ; and all vessels on board of which, 
during the voyage, or while at the port of their departure, any person 
shall have been sick, arriving between the first day of May and the first 
day of November, and all vessels from a foreign port, and not embraced 
in the first sub-division of this Section, shall, on arrival at the quarantine 
ground, be subject to visitation by the health officers, but shall not bed^* 
tained beyond the time requisite for due examination and observaticm, 
unless they shall have had on board during the voyage some case of in- 
fectioifeB> contagious, or pestil^itial disease, in which case they shall be 
subject to such quaxantine and reflations as tiie health officers may pro> 
scribe. 3. All vessela embrao^ in the foregoing provisional whiob ai^ 



OF SOUTH CABOLINA. 118 

navigated by steam, shall be subject only to such length of quarantine -A.. D. 1868. 
and regulations as the health officer shall enjoin, unless they shall have ^^^^"""^ 
had on board during the voyage some case of infectious, contagious or 
pestilential disease, in which case they shall be subject to such quarantine 
as the health officer shall prescribe. 

S£c. 3. All vessels and persons remaining at quarantine on the first 
' day of November, shall thereafter be subject to such quarantine and re- 
stn^ctions as ye««ek and persons arriving oi and after tlat day. 

Sec. 4. The health officers, Intendant and Wardens, or the Mayor and Vessels may 
Aldermen, as the case may be, whenever in their judgment the public ^^ ordered to 
health shall require, mav order any vessel at the wharves of either of said ^^*^*^"'^®- 
ports, or in their vicimty, to the quarantine ground or other place of 
safety, and may require all persons, articles or things introduced mto said 
ports from such vessels to be seized, returned on board, or removed to the 
quarantine ground or other place. If the master, owner or consignee of 
the vessel cannot be found, or shall refuse or neglect to obey the order of 
removal, the health officer, Intendant and Wardens, or Mayor and Al- 
dermen, as the case may be, shall have power to cause such removal at 
the expanse of such master, owner or coi^ignee, and such vessel or person 
shall not return to the port without the written permission of the health 
officer. 

Sec. 5. K any vessel arriving at the quarantine ground, subject to quar- May be per- 
antine, shall be bound to some port north of either of said ports, the°^^**®^top*** 
health officer, after having duly visited and examined her, may permit 
her to pass on her voyage, but no such vessel shall be brought to anchor 
off of either of said ports, nor shall any of her crew or passengers land in 
or hold any communication with either of said ports, or any person there- • 
from. 

Sec. 6. The master of every vessel released from quarantine and ar- Permit to 
riving at a wharf in either of said ports shall, within twenty-four hours he delivered, 
after such release, deliver the permit of the health officer at the office of 
the Mayor or Intendant, as the case may be. 

Sec. 7. Nothing in this Act shall prevent any vessel arriving at quar- 
antine from again going to sea before breaking bulk. 

Sec. 8. It shall be the duty of each pilot belonging to either of the said Duty of pi- 
ports to use his utmost endeavors to hail every vessel he shall discover l*^*^- 
entering the port, and to interrogate the master of such vessel in refer- 
ence to all matters necessary to enable such pilot to determine whether, 
according to the provisions of the preceding Sections, such vessel is sub- 
ject to quarantine or examination by the health officer. 

Sec. y. If from the answers obtained from such inquiries, it shall ap- 
pear that such vessel is subject to quarantine or examination by the health 
officer, according to the preceding Sections, the pilot shall immediately 
give notice to the master of the vessel that he, his vessel, his cargo, crew 
and passengers, are subject to such examination, and that he must pro- 
ceed and anchor said vessel at the quarantine anchorage, there to await 
the further directions of the health officer. 

Sec. 10. It shall be the duty of every pilot, who shall conduct into 
port a vessel subject to quarantine or examination by the health officer : 

1. To bring such vessel to anchor within the buoys marking the quar- 
antine anchorage. 

2. To prevent any vessel or boat from coming along side of the vessel 

• 15 



14 STATUTES AT LARGE 

A. D. 1868. under his charge, and to prevent anything on board from being trans- 
^— "v**^ ferred to or thrown into any other vessel or boat. 

3. To present to the master of the vessel a printed copy of this Act, 
when such copy shall have been delivered to him for that purpose. 

4. To take care that no violations of this Act be committed by any per- 
son, and to report such as shall be committed, as soon as may be, t6 the 
health officer. 

5. To subject himself to such detention and delay, and cleansing and 
purification as to his person and clothing, as shall be prescribed by the 
health officer after, having boarded or brought to the quarantine ground 
any vessel subject to quarantine. 

Duty of the ^^^' ^^' ^^ shall be the duty of the health officer to board everjr vessel 
lealth oflacer subject to quarantine or visitation by him immediately on her^ arrival, be- 
tween sunrise and sunset ; to inquire as to the health of all persons on board, 
and the condition of the vessel and cargo, by inspection of the bill of 
health, manifest, log-book or otherwise ; to examine on oath as many 
and such persons on board as he may judge expedient to enable him to 
determine the period of quarantine and the regulations to which such 
vessel shall be made subject, and report the facts and his conclusions, 
And especially to report the number of persons sick, and the nature of 
the disease with which they are afflicted, to the Mayor or Intendant, in 
writing, 
towers of Sec. 12. It shall be the duty of the health officer to reside within or 
ealth officer near the quarantine ground, and he shall have power: 

1. To remove from the quarantine anchorage ground any vessel he 
may deem dangerous to the public health to any place south or east of 
the quarantine groimd inside the bar. 

2. To cause any vessel under quarantine, when he shall judge it neces- 
sary for the purification of the vessel or her cargo, passengers, or crew, 
or either of them, to discharge or land the same at the quarantine 
ground. 

3. To cause any such vessel or cargo, bedding, and the clothing of 
persons on board, to be ventilated, cleansed and purified in such manner, 
and during such time, as he shall direct, and if he shall judge necessair 
to prevent infection or contagion, to destroy any portion of such bed- 
ding or clothing ; and, with t£e concurrence of the Mayor or Intendant, 
any portion of such cargo which may be deemed incapable of purifi; 
cation. 

4. To prohibit and prevent all persons arriving in vessels subject to 
quarantine from leaving quarantine, or removing their goods or baggage 
therefrom, until fifteen days after the last case of pestilential, contagious 
or infectious disease shalf have occured on board, and ten days after her 
arrival at quarantine, unless sooner discharged by him. 

5. To permit the cargo of any vessel under quarantine, or any portion 
thereof, when hp shall judge the same free from infection and contagion, 
to be conveyed to the landing. 

6. To cause all persons under quarantine to be vaccinated, when he 
deems it necessary for the preservation of the public health. 

7. To administer oaths and take affidavits in all examinations pre- 
scribed by this Act, and in relation to any alleged violation of quaran- 
tine law or regulation ; such oath to have the like validity and efiect as 
oaths administered by a Justice of the Peace or Ma^strate. 



OF SOUTH CAROLINA. 115 

Sec. 13. The health officer may direct in writing any Sheriff, Consta- AD. 1868. 
ble, or other citizen, to pursue and apprehend any person, not discharged, ^^^^^^-^ 
Avho shall elope from quarantine, or who shall violate any quarantine May order 
law or regulation, or who shall obstruct the health officer in the perform- ^^^®s*s. 
ance of his duty, and to deliver him to said officer to be detained at 
quarantine until discharged by said officer, but such confinement shall in 
no case exceed ten days. It shall be the duty of the Sheriff, Constable 
or other citizen, so directed, to obey such direction ; and every such per- 
son so eloping, or violating quarantine law or regulations, or obstructing 
the health officer, shall be considered guilty of a misdemeanor, punisha- 
ble with fine and imprisonment, in the discretion of the Court. 

Sec. 14. Every vessel during her quarantine shall be designated by Vessels at 
colors to be fixed in a conspicuous part of her main shrouds. quarantine. 

Sec. 15. No vessel or boat shall pass through the range of vessels 
lying at quarantine, or land at the quarantine grounds, witibout the per- 
mission of the health officer. 

Sec. 16. No lighter shall be employed to load or unload vessels at 
quarantine without permission of the health officer, and subject to such 
restrictions and regulations as he shall impose. 

Sec. 17. All persons being on board of vessels under quarantine shall Persons on 
be provided for by the master of the vessel in which they shall have ^^"pro^rfciecl fo^^ 
rived ; and if the master shall omit or refuse to provide for them, or they 
shall have been sent on shore by the health officer, they shall be main- 
tained at the expense of such vessel, her owners, consignees, and each 
and every one of them ; and the health officer shall not permit such ves- 
sel to leave quarantine until such expense shall have been repaid or 
secured ; and the said health officer shall have an action against such 
vessel, her owners and consignees, and each and every one of them, for 
such expenses, which shall be a lien on such vessel, and as such may be 
enforced as other liens on vessels. 

Sec. 18. The health officer, upon the application of the master of any Persons may 
vessel under quarantine, may confine in any suitable place on shore any he confined. 
person on board of such vessel charged with having committed an offence 
punishable by the laws of this State or the United States, and who can- 
not be secured on board of such vessel ; and such confinement may con- 
tinue during the quarantine of such person, or until he shall be pro- 
ceeded against in due course of law ; and the expens^ thereof shall be 
charged and collected as in the last preceding Section. 

Sec. 19. Any person aggrieved by any decision, order or direction of the Appeal, 
health officer, may appeal therefrom to the Governor, Attorney-General 
and Comptroller-General, who shall constitute a Board of Appeal ; the Board of 
said Board shall have power to affirm, reverse or modify the decision, -^PP®^^- 
order or direction appealed from, and the decision of the Board thereon 
shall be final. 

Sec. 20. An appeal to the Board of Appeal must be made by serving Mo d e of 
upon the health officer a written notice of such appeal, within twelve serving, 
hours (Sundays excepted) after the appellant receives notice of the order, 
decision or direction complained of. Within twelve hours after the 
health officer receives such notice (Sundays excepted) he shall make a re- 
turn, in writing, including the facts on which his order, decision 6t direction 
was founded, to the Governor, who shall immediately call a meeting of 
the Board of Appeal, and shall be President of said Board ; and said 



116 STATUTES AT LAKGE 

A. D. 1868. appeal shall be heard and decided within twenty-four hours thereafter 
*"— v^*^ (Sundays excepted); and until such decision is made, the order, decision 
or direction complained of, except it refer to the detention of a vessel, 
her cargo orpassengers at quarantine, shall be suspended. 

Power to en- ®^^* ^^* Whenever the said health officer, in the performance of the 

force orders, duties^ and in the execution of the powers imposed and conferred ujpon 
him by law, shall order or direct the master, owner or consignee of any 
vessel under quarantine to remove such vessel ^m her anchorage, or to 
do any act or thing, or comply with any regulation relative to said vessel, 
or to any person or thing on board thereof, or which shall have been 
brought to said ports therein, and said master, owner or consignee shall 
neglect or refuse to comply with such order or direction, the said health 
officer shall have power to employ such persons and assistants as may be 
necessary to carry out and enforce such order or direction, and the per- 
sons so employed shall have a lien on such vessel, her tackel apparel 
and furniture,^ for their services and expenses. 
T, ,. - Sec. 22. Every person who shall oppose or obstruct the health officers 

violS. in performmg the auties required of tfiem by kw, and every person who 
shall go on board, or have any communication, intercourse or dealing 
with, any vessel under quarantine, or with any of her crew or passengers, 
without the permission of the health officer, or who shall, without 
such permission, invade the quarantine grounds or anchorage, shall be 
guilty of a misdemeanor, and shall be punished by a fine of not less than 
one hundred nor more than five hundred dollars, or by imprisonment not 
less than three nor more than six months in the Penitentiary. ' 
Governor's Sec. 23. The Governor may issue his proclamation declaring any 

proclamation pja^e where there shall be reason to believe a pestilential, contagious or 
infectious disease exists or may exists to be an infected place within the 
meaning of this Act. 
Time m^ Sec. 24. Such proclamation shall fix the period when it shall cease to 

be extended, j^^ye efiect ; but such period, if he shall judge the public health require 
it, may from time to time be extended, and notice of the same shall be 
published in all the newspapers of said ports. 
Vessels sub- Sec. 25. After such proclamation shall have been jssued, all vessels 

ject to quar- arriving in either of the said ports from such infected place shall be sub- 

antine. j^^^ ^ ^j^^ same quarantine laws and regulations as the vessels embraced 

in the first sub-division of the second Section of this Act, and shall, to- 
gether with their officers, crews, passengers and cargoes, be subject to all 
the provisions, regulations and penalties of this Act, in relation to vessels 
subject to quarantine ; but such quarantine shall not extend beyond the 
period when such proclamation shall cease to have efiect, as provided by 
the last preceding Section. 
Duties of Sec. 26. Every master of a vessel subject to quarantine or visitation by 

masters of^^^ health officer, arriving in either of the said ports, who shall refuse or 

vessels. i x -xi. r y 

neglect either : 

1. To proceed with and anchor his vessel at the place assigned for 
quarantine at the time of his arrival ; 

2. To submit his vessel, cargo and passengers to the examination of the 
health officer, and to furnish all necessary information to enable that 
officer to determine what length of quarantine and other regulations they 

^ ought, respectively, to be subject ; or, 

3. To remain with his vessel at quarantine during the period assigned 



OP SOUTH CAROLINA. 117 

for her quarantine, and while at quarantine to comply with the direc- A. D. 1868. 
tions and regulations prescribed by law, shall be guilty of a misdemeanor, •*-"v— -^ 
and be punished by fine not exceeding two thousand dollars, or by im- Penalty for 
prisonment not exceeding twelve months, or by both such fine and i™i-Satfoii^^^^^" 
prisonment. 
Sec. 27. Every master of a vessel hailed by a pilot, who shall either : 

1. Give false information to such pilot, relative to the condition of his 
vessel, crew or passengers, or of the health of the place or places from 
whence he came, or refuse to give such information as shall oe lawfully 
required ; 

2. Or, land any person from his vessel, or permit any person except a 
pilot to come on board of his vessel, or unlade or tranship any portion of 
his cargo before his vessel shall have been visited and examined by the 
health officer ; 

3. Or, shall approach with his vessel nearer to the wharves in said 
ports than the place of quarantine to which they may be directed, shall 
be guilty of the like ofience, and subject to the like pimishment ; and 
any person who shall land from any vessel, or unlade or tranship any 
portion of her cargo under like circumstances, shall be guilty of a like 
offence, and subject to the like punishment. 

Sec. 28. Any person who shall violate any provision of this Act, or Penalty of 
neglect or refuse to comply with the directions and regulations which any individuals. 
of the health officers may prescribe, shall be guilty of the like offence, 
and be subject, for each offence, to the like punishment. 

Sec. 29. There shall be one health officer at the port of Georgetown, Health oflS- 
one at Charleston, and one at Hilton Head, respectively^ who shall be cers. 
appointed by the Governor, and who ^hall hold their offices for the term 
of two years, unless sooner removed. Said officers shall keep a faithful 
record of all their doings under the provision of this Act, and report the 
same to the Governor at the end of each month. • 

Sec. 30. Said health officers shall each receive an annual salary of Compensa- 
twelve hundred dollars, except the health officer at the port of Charles- tion of nealth 
ton, who shall receive an annual salary of fifteen hundred dollars, pay- ^®^®^^- 
able quarterly, out of the Treasury of the State ; and they each shall be 
allowed an additional sum of fifteen dollars per month, for boat hire and 
other incidental expenses. 

In the Senate House, the twenty-sixth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZEK, President of the Senate. 

FEANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved : Robert K. Scott, Governor. 



AN ACT TO RENEW THE CHARTER OF THE FERRY ACROSS THE SaLUDA No. 61. 

River, in the County of Newberry, known as Island Ford 
Ferry. 

Be it enacted by the Senate and House of Representatives of the 
State of South Carolina, now met and sitting in General Assembly, 



H8 STATUTES AT LARGE 

A. D. 1868. and by the authority of the same, That the feny over the Saluda River, 
'^^ ^v-^-' known as Island Ford Ferry, be, and the same is hereby, rechartered 
Ferry re- and vested in Thomas G. White, his heirs and assigns, for the term of 
ckartered. ^^ years, who shall be allowed the same rates of toll as are now author- 
ized by law. 

In the Senate House, the twenty-sixth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved : Robebt K, Scott, Governor. 



No. 62. AN ACT to declare the roads leading from Gervais street, in 
THE CITY OP Columbia, to Kinsler's Ferry, and from Kinsler's 
Ferry to the State Road, on the western side of the Con- 
QAREE River, public highways. 

Be it enacted by the Senate and House of Representatives of 

the State of South Carolina, now met and sitting in General Assembly, 

Public high- 3.nd by the authority of the same. That the road leading from Gervais 

ways. street to Kinsler's Ferry, near the city of Columbia, and the road leading 

from said ferry on the western side of the Congaree River to the State 

Road, be, and the same are hereby, declared to be public highways. 

In the Senate House, the twenty-sixth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. • 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robert K. Scott, Grovernor. 



No. 63. AN ACT to establish a Bttreau of Agricultural Statistics for 
the encouragement of industrial enterprises, and to invite 
. capital to South Carolina, for the development of the re- 
sources OF the State/ 

Section 1. Beit enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 
Commission- and by the authority of the same, That for the purpose of encouraging, 
erofAOTicul- promoting and protecting industrial enterprises in this State, and of sup- 
tural Statis- plying truthful information to the people of the United States, and in- 
ducing them to bring hither their capital and aid in the development of 
the resources of South Carolina, the Governor is hereby authorized io 
establish a Bureau of Agricultural Statistics, and to appoint a Com- 
missioner thereof to perform such duties as may appertain to the office. 
Duties o f Sec. 2. It shall be the duty of the said Commissioner to collect all 
Commission- the information practicable concerning'iands, crops, climate, railroads, 
^^' telegraphs, manufiictories, water powers, schools, churches, and other in- 

stitutions in the several Counties of the State, and preserve a record of 



OP SOUTH CAROLINA. 119 

the same, in such manner that the facts relating to any locality may be A. D. 1868. 
promptly communicated to the inquirer. v,-— .^^—^ 

Sec. 3. That the said Commissioner shall be specially charged to as- Location of 
certain, by advertisement or otherwise, the location of lands for sale, and^*^^^*^^®^^®* 
to cause said lands, after having been duly laid off and described, to be 
registered, together with the price demanded and the conditions of pay- 
ment. 

Sec. 4. That the said Commissioner shall, by official publications in Publications. 
the journals of the North and West, by correspondence and pamphlets, 
convey this information, describe the lands thus offered for sale, and the 
advantages which this State offers in soil, climate, productions, and-so- 
forth, to the industrious and frugal citizen, and at the same time invite 
him to brmg hither his means, and aid in the promotion of general pros- 
perity. 

Sec. 5. That the said Commissioner shall be charged with the duty of To answer 
answering all communications on the subject of the resources of the inquiries. 
State that may be referred to him, and do all in his power to encourage 
the influx of capital and the growth of new enterprise. 

Sec. 6. That the Commissioner shall be paid for his services the Salary, 
salary of fifteen hundred dollars per annum, and be authorized to employ 
a clerk at a salary not exceeding five hundred dollars per annum ; the Clerk, 
said sums, together with the necessary expenses of the office, such as Expenses al- 
printing, advertising, registry books, postage, stationery, rent, and-so- lowed, 
forth, to be paid from the balance of the appropriation made under the 
Act of December, 1866, entitled " An Act for the encouragement and 
protection of European immigration," &c. 

Sec. 7. That the said Commissioner shall make a report of his pro- Kcports. 
ceedings, and a special report on railroads and telegraphs, to the Gov- 
ernor of the State, annually, or as often as he may require. 

Sec. 8. That all Acts inconsistent with the provisions of this Act are 
hereby repealed. 

« 

In the Senate House, the twenty-sixth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robert K. Scott, Governor. 



AN ACT TO regulate the manner of drawing Juries. No. 64. 

Section 1. Be it enacted by the Senate and House of Representatives ^^^'^ L\f 
of the State of South Carolina, now met and sitting in General Assembly, persons li- 
and by the authority of the same. All persons who are qualified to vote able to be 
in the choice of Representatives in the General Assembly shall be liable drawn, 
to be drawn and serve as jurors, except as hereinafter provided. 

Sec. 2. The ibllowing persons shall be exempt from serving as jurors, Persons ex- 
to-wit: The Governor, Lieutenant-Governor, Attorney-General, Comp-empt. 
troUer-General, State Auditor, State Treasurer, Secretary of State, mem- 



120 STATUTES AT LARGE 

A. D. 1868. bers and officers of the Senate and House of Representatives during the 

''"""v^*^ session of the General Assembly, Judges and Justices of any Court, 
(except Justices of the Peace,) County Commissioners, County Auditors 
and Treasurers, Clerks of Courts, Registers of Mesne Conveyances, 
Sheriffs and their deputies, Coroners, Constables, the Marshals of the 
United States and their deputies, and all other officers of the United 
States, counsellors and attorneys at law, ordained ministers of the Gospel, 
officers of colleges, preceptors and teach^*s of incorporated academies, 
practicing physicians and surgeons regularly licensed, cashiers and tellers 
of incorporated banks, editors of daily newspapers, constant ferrymen, 
such officers and employees of railroads as are now exempt by law, and 
persons who are more than sixty-five years old. 

Once in ev- Sec. 3. No person shall be liable to be drawn and serve as a juror in 

ery year. ^^y. Cq^jj^ oftener than once in every year, but he shall not be so exempt 

unless he actually attends and serves as a juror in pursuance of the draft: 

Proviso. Provided, No person shall be exempt from serving on a jury in any other 
Court in consequence of his having served before a Justice of the 
Peace. 

Maimer of Sec. 4. The Selectmen of each town shall once in every year prepare 
drawing. ^ j^jg^ ^^ g^^j^ inhabitants of the town, not absolutely exempt, as they 
think well qualified to serve as jurors, being persons of good moral char- 
acter, of sound judgment, and free from all legal exceptions; which list 
shall include not less than one for every twenty voters of the town, and 
not more than one for every ten voters, computing by the first registi^tion 
after the passage of this Act, and thereafter in each year, computing by 
the last registration. 

List posted Sec 5. The list, when so prepared, shall be posted up by the Selectmen 
^^' in two public places in the town or city ten days, at least, before it is sub- 

mitted for revision and acceptance, and shall then be laid before any 
regularly called town meeting ; and the town meeting may alter it, by 
adding the names of any person liable to serve, or striking any names 
therefrom. 

List box. Sec. 6. Of the list adopted by the town the Selectmen shall cause the 
names to be written each on a separate paper or ballot, and shall roll up 
or fold the ballots, so as to resemble each other as much as possible, and 
so that the name written thereon shall not be visible on the outside, and 
they shall place the ballots in a box to be kept by the Town Clerk for 
that purpose. 
Disqualified. Sec. 7. If any person whose name is so placed in the jury box is con- 
victed of any scandalous crime, or is guilty of any gross immorality, his 
name shall be withdrawn therefrom by the Selectmen, and he shall not 
be returned as a juror. 

Writs for ^^^* ^' ^^^ County Clerks in each County, at least fifteen days before 
jurors. the commencement of any regular term of the Court of General Sessions 

for the County, and ten days before any special session requiring a jury, 
and in the County of Charleston like periods before the first of each alter- 
nate week of the Court of Common Pleas, and at such other times as the 
respective Courts may order, shall issue writs of venire facias for jurors, 
and shall therein require the attendance of jurors on the first day of the 
term, and for the Court of Common Pleas for the County of Charleston 
on the first and each alternate week thereafter, and such other days as the 
Courts may order. The petit jurors returned for the Court of General 



OP SOUTH CAROLINA. 121 

Sessions for Charleston County shall serve for the term, and the jurors A. D. 186a 
returned for the Court of Common Pleas for two weeks. v— y-^— / 

Sec. 9. The Clerks in issuing the venires shall require from each town Jurors pro- 
and city a number of jurors as nearly as may be in proportion to their portioned to 
respective number of inhabitants, so aa to equalize, aa far is possible, the P^P^l^*^^^- 
duty of serving as jurors. 

Sec. 10. The venires shall be delivered to the Sheriff of the County, Venires tohe 
and by him transmitted to a Constable in each of the towns and cities to transmitted 
which they are respectively issued, and they shall be served by the Con- ^ Sheriff. 
stable without delay on the Selectmen and Town Clerk. 

Sec. 11. Nothing contained in the preceding Sections shall prevent any Additional 
Court from issuing venires for additional jurors in term time, whenever it jurors, 
is necessary for the convenient dispatch of their business ; in which case 
the venires shall be served and returned, and the jurors required to attend 
on such days as the Court shall direct. 

Sec. 12. When a suit is pending in the Circuit Court, wherein the in- Places in- 
habitants of any town in the County are interested, the Judge of the terested. 
Court, in term time or in vacation, may order the Clerk of the Court to 
issue writs of venire facias for a sufficient number of jurors to try such 
cause, from any town whose inhabitants are not so interested, and the Clerk 
shall issue a venire famous accordingly. 

Sec. 13. All jurors, whether required to serve on grand or petit jury. Drawing ju- 
shall be selected by drawing ballots from the jury box, and the persons ^i^s. 
whose names are borne on the ballots so drawn shall be returned to serve 
as jurors. 

Sec. 14. When jurors are to be so drawn, the Town Clerk and Select- Selectmen to 
men shall attend at the Clerk's office, or some other public place ap- ^^^^ names. 
pointed for the purpose, and if the Clerk is absent, the Selectmen may 
proceed without him. The balance in the jury box shall be shaken and 
mixed together, and one of the Selectmen, without seeing the names 
written thereon, shall openly draw therefrom a number of ballots equal 
to the number of jurors required. If a person so drawn is exempt by law, 
or is unable by reason of sickness or absence from home to attend as a 
juror, or if he nas served as a luror in any Court within the year then 
next preceding, his name shall be returned into the box, and another 
drawn in his stead. 

Sec. 15. When a person is drawn and returned to serve as a juror in Transfer of 
any Court, the Selectmen shall endorse on the ballot the date of the draft, names. 
and return it into the box ; and whenever there is a revision and renewal 
of the ballots in the box, the Selectmen shall transfer to the new ballots 
the date of all the drafts made within the year then next preceding. 

Sec. 16. Any town may, at a legal meeting, order that all drafts for -j^^^y \yQ 
jurors therein shall be made in open town meeting ; in which case the drawn in 
draft shall be made by the Selectmen in the manner prescribed in the town meet- 
two preceding Sections, except that it shall be done in town meeting. In ^"^• 
such town when a venire is served upon the Selectmen, they shall cause a 
town meeting to be notified and warned for that purpose, in the manner 
ordered by the town, or otherwise prescribed by law. 

Sec. 17. The meeting for drawing jurors, whether the draft is made in Meeting— 
town meeting, or before the Selectmen and Town Clerk only, shall be when held, 
"held not less than seven nor more than fifl;een days before the day when 
the jurors are required to attend. 
16 



122 STATUTES AT LARGE 

A. D. 1868. Sec. 18. The Constable shall, at least four days before the time when 
^— "V— ^ the jurors are required to attend, summon each person who is drawn by 
Jurors to be reading to him the venire, with the endorsement thereon of his having 
summoned, j^^en drawn, or by leaving at his place of abode a written notification of 
his having been drawn, and of the time and place of the sitting of the 
Court at which he is to attend, and shall make return of the venire, with 
his doings thereon, to the Clerk before the opening or time of holding the 
Court from which it issued. 
Provision Sec. 19. A list of jurors in cities shall be prej)ared and posted therein, 
for cities. \yj the Mayor and Aldermen, in like manner as required of Selectmen ; 
and when posted for ten days shall be submitted to the Mayor and Alder- 
men, who shall have power to revise and accept the same. 

Sec. 20. The Mayor and Aldermen and the Clerks of each city shall, 
severally, have and exercise all the powers and duties, with regard to 
drawing, and all other matters relating to jurors therein, which are in 
this Act required to be performed by the Selectmen and Town Clerks of 
their respective towns ; and all venires for jurors to be returned from 
* cities shall be served on the Mayor and Aldermen. 

Empannel- ^^^' 21« On the day when the jurors are summoned to attend at any 
ing juries. Court, the Clerk shall prepare a list of their names, arranged in alpha- 
betical order. The first twelve on the list who are not excused shall be 
sworn and empanneled as a jury for the trial of causes, and shall be called 
the first jury. The next twelve on the list shall then be sworn and em- 
panneled in like manner, and shall be called the second jury. 
Supernume- ^EC. 22. Supernumerary jurors may be excused from time to time until 
rary jurors, wanted, and may be put on either of the juries, as occasion requires, in 
the place of absentees. Nothing herein contained shall prevent the 
transferring of jurors from one jury to the other, when the convenience 
of the Court or of the jurors require it. 
Foreman. Sec. 23. Each jury, after being thus empanneled, shall retire and choose 
their foreman, or shall make such choice upon retiring with the first cause 
with which they are charged ; and whenever the foreman is absent or 
excused from further service, a new foreman shall be chosen in like 
manner. 
Criminal Sec. 24. Nothing contained in the preceding Sections shall apply to 
cases. the empanneling of juries in criminal cases ; but the jurors shall be called^ 

sworn and empanneled anew for the trial of each case, according to the 
established practice ; and their foreman shall be appointed by the Court, 
or by the jury when they retire to consider their verdict. 
To complete Sec. 25. When, by reason of challenge, or otherwise, a sufficient num- 
a panel. j^^j. ^f jurors duly drawn and summoned, cannot be obtained for the trial 
of any cause, civil or criminal, the Court shall cause jurors to be returned 
from the bystanders, or from the County at large, to complete the panel: 
Provided, That there are on the jury not less than seven of the jurors 
who were originally drawn and summoned as before provided. 
How re- Sec. 26. The jurors so returned from the bystanders shall be returned 
turned. ]^j ^^q Sheriff* or his deputy, or by a Coroner, or by any disinterested 

person appointed therefor by the Court, and shall be such as are qualified 
and liable to be drawn as jurors according to the provisions of law. 
Jurors ex- Sec. 27. The Court shall, on motion of either party in a suit, examine 
*Th^^^ ^^on oath any person who is called juror therein, to know whether he is- 
^* ' related to either party, or has any interest in the cause, or has expressed 



OP SOUTH CABOLmA. 123 

or formed any opinion, or is sensible of any bias or prejudice therein ; A. D. 1868. 
and the party objecting to the juror may introduce any other competent ^*— v'^-*^ 
evidence in support of the objection. If it appears to the Court that the 
juror is not indifferent in the cause, another shall be called and placed in 
his stead for the trial of that cause. 

Sec. 28. In indictments and penal actions for the recovery of a sum of C a u s e of 
money or other thing forfeited, it shall not be a cause of challenge to a challenge. 
juror that he is liable to pay taxes in any County, city or tovni which 
may be benefited by such recovery. 

oEC. 29. If a party knows of any objections to a juror in season to * Objections 
propose it before the trial and omits to do so, he shall not afterwards be Jriai,^ ^ ^^^ 
allowed to make the same objection, unless by leave of the Court. 

Sec. 30. No irregularity in any writ of venire facicLS, or in the drawing, . Irregulari- 
summoning, returning or empanneling of jurors shall be sufficient to set *^®^' 
aside a verdict, unless the party making the objection was injured by the 
irregularity, or unless the objection was made before the returning of the ^ 

verdict. 

Sec. 31. If either party in a case in which a verdict is returned, dur- .Gratuities to 
ing the same term of the Court, before the trial, gives to any of the get ^^ide^ the 
jurors who try the cause anything by way of treat or gratuity, the Court verdict. 
may, on the motion* of the adverse party, set aside the verdict, and 
award a new trial of the cause. 

Sec. 32. When a jury, after due and thorough deliberation upon any Judge may 
cause, return into Court without having agreed upon a verdict, the Court ^g^* ^^ ®^^" 
may state anew the evidence, or any part of it, and explain to them anew 
the law applicable to the case, and may send them out for further delib- 
eration ; but if they return a second time without having agreed upon a 
verdict, they shall not be sent out again without their own consent, 
unless they shall ask from the Court some further explanation of the 
law. 

Sec. 33. The jury in any case may, at the request of either party, be May view 
taken to view the place or premises in question, or any property, matter P^©°^ises. 
or thing relating to the .controversy between the parties, when it appears 
to the Court that such view is necessary to a just decision : Provided, Proyiso. 
The party making the motion advances a sum sufficient to pay the expenses 
of the jury and the officers who attend them in taking the view, which 
expenses shall be afterwards taxed like other legal costs, if the party 
who advanced them prevails in the suit. 

Sec. 34. If a person duly drawn and summoned to attend as a juror Penalty for 
in any Court neglects to attend without sufficient excuse, he shall pay a neglect to at- 
fine not exceeding twenty dollars, which shall be imposed by the Court 
to which the juror was summoned, and shall be paid into the County 
Treasury. 

Sec. 35. When by neglect of any of the duties required in this Act to Neglect of 
be performed by any of the officers or persons herein mentioned, the officers. 
jurors to be returned from any place are not duly drawn and summoned 
to attend the Court, every person guilty of such neglect shall pay a fine 
not exceeding twenty dollars, to be imposed by the same Court, to the 
use of the County in which the offence was committed. 
*• Sec. 36. If any City or Town Clerk, Selectman, Mayor or Alderman Fraud in 
is guilty of fraud, either by practicing on the jury box previously to a ^9^^^°^ j^- 
draft, or in drawing a juror, or in returning into the box the name ot^^^' 



124 STATUTES AT LAKGE 

A. D. 1868. any juror which had been lawfully drawn out, and drawing or substitut- 
^*— v"-— ^ ing another in his stead, or in any other way in the drawing of jurors, 
he shall be punished by a fine not exceeding five hundred dollars. 

Sec. 37. Nothing contained in this Act shall affect the power and duty 
of Coroners, Magistrates or Justices of the Peace to summon and empan- 
nel jurors, when authorized by other provisions of law. 
"Writs for ^^^* ^^* ^^^ Clerk of the Court of General Sessions in each County, 
grand jurors, i^ot less than fifteen days before the commencement of the first term of 
the Court in each year, shall issue writs of venire facias in each County 
for eighteen grand jurors to be returned to that Court, who shall be held 
to serve at each term thereof throughout the year, and until another 
grand jury is empanneled in their stead. 
How drawn ®^^* ^^' Errand jurors shall be drawn, summoned and returned in 
* the same manner as jurors for trials ; and when drawn at the same time 
as jurors for trials, the persons whose names are first drawn, to the num- 
ber required, shall be returned as grand jurors, and those afterwards 
^* drawn shall be jurors for trials. 

Case of de- Sec. 40. In case of deficiency of grand jurors in any Court, writs of 
ficiency. venire facias may be issued to the Constables of such cities or towns as 
the Court may direct to return forthwith such further number of grand 
jurors as may be required. 
Number at Sec. 41. IS o more than thirty-one persons to serve as petit jurors shall 
onetime. be drawn and summoned to attend, at one and the same time, any 
Court, unless the Court shall otherwise order. 
Act to go Sec. 42. This Act shall take effect from and after the organization of 
mto effect, ^he townships imder the Act entitled " An Act to define the jurisdiction 
of County Commissioners," except the Sections firom twenty-one to thirty- 
-four, both numbers inclusive, which shall take effect immediately. 

Iif the Senate House, the twenty-sixth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FEANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved : Robert K. Scott, Governor. 



No. 65. AN ACT to regulate arrests and bail in civil actions. 

Section 1. Beit enacted by the Senate and House of Representatives 

Arrests to be ^^ *^® State of South Carolina, now met and sitting in Greneral Assembly, 

made under and by the authority of the same. No person shall be arrested in a civil 

prpv^ions of action except as prescribed by this Act; but the same shall not be con- 

this Act strued to apply to proceedings for contempts. 

When arrests Seo. 2. Arrests may be made, sa hereinafter prescribed, in the follow- 
maybe made, ing cases : 

1. In an action for the recovery of damages on a cause of action not 
arising out of contract, where the defendant is not a resident of the State, 
or is about to remove therefrom, or where the action is for an injury to 
person or character, or for injuring, or for wrongfiilly taking, detaining 
or converting property. 



OF SOUTH CAROLINA. 125 

2. In an action for a fine or penalty, or on a promise to marry, or for A. D. 1868. 
money or property received and embezzled or fradulently misapplied by 
a public officer, or by an attorney, solicitor or counsellor, or by an officer 
or agent of a corporation or banking association, in the course of his em- 
ployment as such, or by any factor, agent, broker, or other person in a 
fiduciary capacity, or for any misconduct or neglect in office, or any pro- 
fessional employment. 

3. In an action to recover the possession of personal property unjustly 
detained, where the property or any part thereof has been concealed, re- 
moved or disposed of, so that it cannot be found or taken by the Sheriff, 
and with the intent that it should not be so found or taken, or with the 
intent to deprive the plaintiff of the benefit thereof. 

4. When the defendant has been guilty of a fraud in contracting the 
debt or incurring the obligation for which the action is brought, or in con- 
cealing or disposing of the property for the taking, detention or conver- 
sion of which the action is brought, or when the action is brought to re- 
cover damages for fraud or deceit. 

5. When the defendant has removed or disposed of his property, or is 
about to do so, with intent to defraud his creditors. But no female shall 
be arrested in any civil action, except for wilful injury to person, character 
or property. 

Sec. 3. An order for the arrest of the defendant must be obtained from g^^ ^^ q^_ 
a Judge, Justice of the Peace, or Clerk of the Court in which, or before tain an order 
whom, the action is brought. ^^^ arrest. 

Sec. 4. The order for the arrest may be made where it shall appear to 
the Judge, Justice of the Peace, Magistrate or Clerk, by the affidavit of 
the plaintiff or of any other person, that a sufficient cause of action exists, 
and that the case, from the facts stated, is one of those mentioned in Sec- 
tion 2 of this Act, 

Sec. 5. Before making the order the Judge or Clerk shall require a piaintiflf to 
written undertaking on the part of the plaintiff, with or without sureties, give surety 
to the effect that if the defendant recover judgment, the plaintiff will pay ^^ ^^s*^- 
all costs that may be awarded to the defendant, and all damages which 
he may sustain by reason of the arrest, not exceeding the sum specified in 
the undertaking, which shall be at least one hundred dollars. If the Amount, 
undertaking be executed by the plaintiff without sureties, he shall annex 
thereto an affidavit that he is a resident and householder of freeholder 
within the State, and worth double the sum specified in the undertaking, 
over all his debts and liabilities. 

Sec. 6. The order may be made to accompany the summons or at any order to the 
time afterwards before judgment. It shall require the Sheriff of the Sheriff. 
County where the defendant may be found forthwith to arrest him and hold 
him to bail in a specified sum, and to return the order at a time and place 
therein mentioned to the plaintiff or attorney, by whom it shall be sub- 
scribed or endorsed. 

Sec. 7. But said order of arrest shall be of no avail and shall be vacated Time allowed 
or set aside on motion, unless the same is served upon the defendant, as to answer, 
provided by law, before the docketing of any judgment in the action ; and 
the defendant shall have twenty days after the service of the order of 
arrest in which to answer the complaint or affidavit in the action, and to 
move to vacate the order of arrest or to reduce the amount of bail. 

Sec. 8. The affidavit and order of arrest shall be delivered to the Sheriff, fendant. " 
who, upon arresting the defendant, shall deliver to him a copy thereof. 



126 STATUTES AT LARGE 

» 

A. D. 1868. Sec. 9. The Sheriff shall execute the order by arresting the defendant 
''— "v^— ^ and keeping him in custody until discharged by law, and may call the 
How execu- power of the County to his aid in the execution of the arrest. 
*^M 1. /\' ^^' ^^' ^^® defendant, at any time before execution, shall be dis- 

chai^d^ " ^^^^S®^ ^^^ *-^® arrest, either upon giving bail or upon depositing the 
amount mentioned in the order of arrest, as provided in this Act. 
Defendant Sec. 11. The defendant may give bail by causing a written undertak- 
maygive bail j^g ^ j^^ executed by two or more sufficient bail, stating their places of 
residence and occupations, to the effect that the defendant shall, at all 
times, render himself amenable to the process of the Court during the pen- 
dency of the action, and to such as may be issued to enforce the judgment 
therein ; or if he be arrested for the cause mentioned in the third sub- 
division of Section 2 of this Act, an undertaking to the same effect as that 
provided by Section fourth in an Act entitled "An Act to regulate attach- 
ments." 
Bail may Sec. 12. At any time before a failure to comply with the undertaking, 
Burreftder. the bail may surrender the defendant in their exoneration, or he may sur- 
render himself to the Sheriff of the County where he was arrested, in the 
following manner : 

1st. A certified copy of the undertaking of the bail shall be delivered 
to tie Sherifl^ who shall detain the defendant in his custody thereon, as 
upon an order of arrest, and shall, by a certificate in writing, acknowledge 
the surrender. 

2d. Upon the production of a copy of the undertaking, and Sheriff's cer- 
tificate, a Judge or Clerk of the Court may, upon a notice to the plaintiff 
of five days, with a copy of the certificate, order that the bail be exoner- 
ated, and on filing the order and the papers used on said application, they 
shall be exonerated accordingly. But this Section shall not apply to an 
arrest for cause mentioned in sub-division three of Section 2 of this Act, 
so as to discharge the bail from an> undertaking given to the effect pro- 
vided by Section fourth of an Act entitled "An Act to regulate attach- 
ments." 
Bail may Sec. 13. For the purpose of surrendering the defendant, the bail at any 
arrest. time or place, before they are finally discharged, may themselves arrest 

him, or by a written authority, endorsed on a certified copy of the under- 
taking, may empower any person of suitable age and discretion to do so. 
Bail respon- Seo. 14. In case of a failure to comply with the undertaking, the bail 
Bible. jQQ^y |j^ proceeded against in the manner heretofore provided by law, not 

inconsistent with this Act. 
Exoneration Sec. 15. The bail may be exonerated either by the death of the defend- 
of bail. ant, or his imprisonment in a State prison, or by his legal discharge from 

the obligation to render himself amenable to the process, or by his sur- 
render to the Sheriff of the County where he was arrested, in execution 
thereof, within twenty days after the commencement of the action against 
the bail, or within such further time as may be granted by the Court. 
Return of Sec. 16. Within the time limited for that purpose, the Sheriff shall de- 
Sheriflf. liver the order of arrest to the plaintiff or attorney by whom it is sub- 

scribed, with his return endorsed, and a certified copy of the undertaking 
of the bail. The plaintiff, within ten days thereafter, may serve upon the 
Sheriff a notice that he does not accept the bail, or he shall be deemed to 
have accepted it, and the Sheriff shall be exonerated from liability. 
Sec. 17. On the receipt of such notice the Sheriff or defendant may. 



OF SOUTH CAEOLINA. 127 

« 

within ten days thereafter, give to the plaintiff or attorney by whom the A. D. 1868. 
order of arrest is subscribed, notice of the justification of the same or '^— s^— ^ 
other bail, (specifying the places of residence and occupation of the lat- . l^otice of 
ter,) before a Judge or Clerk of the Court, at a specified time and place ; to be given to 
the time to be not less than five nor more than ten days thereafter. In plaintiff. 
case other bail be given, there shall be a new undertaking, in the form 
prescribed in Section 11. 

Sec. 18. The qualifications of bail must be as follows : , Qualifica- 

1st. Each of them must be a resident and a householder or freeholder *^^^^^^^*^^* 
within the State. 

2d. They must each be worth the amount specified in the order of ar- 
rest, exclusive of property exempt from attachment or execution ; but 
the Judge, Clerk, or a Justice of the Peace, on justification, may allow 
more than ^o bail to justify severally in amounts less than tiat ex- 
pressed in the order, if the whole justification be equivalent to that of two 
sufficient bail. 

Sec. 19. For the purpose of justification, each of the bail shall attend Examiaation 
before the Judge, Clerk or a Justice of the Peace, at the time and place f?r justifica- 
mentioned in the notice, and may be examined, on oath, on the part of 
the plaintiff, touching his sufficiency, in such manner as the Judge, 
Clerk or Justice of the Peace, in his discretion, may think proper. The 
examination shall be reduced to writing and subscribed by the bail, if 
required by the plaintiff. 

Sec. 20. If the Judge, Clerk or Justice* of the Peace find the bail 
sufficient, he shall annex the examination to the undertaking, endorse 
his allowance thereon, and cause them to be filed with the Clerk, and 
the Sheriff shall thereupon be exonerated from liability. 

Sec. 21. The defendant may, at the time of his arrest, instead of giv- May deposit 
ing bail, deposit with the Sheriff the amount mentioned in the order and*™^^^* ^^ 
costs of proceeding. The Sheriff shall thereupon give the defendant a *^ ' 
certificate of the deposit, and the defendant shall be discharged out of 
custody. 

Sec. 22. The Sheriff shall immediately after deposit pay the same Certificates 
into Court, and shall take from the officer receiving the same two certifi- therefor. 
cates of such payment, the one of which he shall deliver to the plaintiff 
and the other to the defendant. For any default in making such pay- a^^^l^^^^ 
ment, the same proceedings may be nad on the official bond oi the fauU^in mak- 
Sheriff to collect the sum deposited as in other cases of delinquency, or ing payment, 
be forthwith proceeded against by attachment for contempt as provided 
in an Act entitled "An Act to regulate the manner of keeping and dis- 
bursing funds by certain officers." 

Sec. 23. If money be deposited as provided in the last two Sections, 
bail may be given and justified upon notice as prescribed in Section 17 
of this Act, any time before judgment ; and thereupon the Judge before 
whom the justification is had shall direct, in the order of allowance, that 
the money deposited be refunded by the Sheriff or Clerk to the defendant, 
and it shall be refunded accordingly. 

Sec. 24. Where money shall have been so deposited, if it shall remain Money de- 
on deposit at the time of an order or judgment for the payment of money posited to be 
to the plaintiff, the Clerk shall, under the direction of the Court, apply Faction* of 
the same in satisfaction thereof, and after satisfying the judgment shall judgment, 
refund the surplus, if any, to the defendant. If the judgment be in 



128 STATUTES AT LABGE 

A. D. 1868. &vor of the defendant, the Clerk shall refund to him the whole sum 
^— V— ' deposited and remaining unapplied. 

Sec. 25. If, after being arrested, the defendant escape or be rescued, 

Sheriff ^^*^ ^^^^ ^^^^ ^® ^^* given or justified, or a deposit be not made instead thereof, 

the Sheriff shall himself be liable as bail. But he may discharge him- 

I self from such liability by giving and justification of bail, as provided in 

Sections 17, 18, 19 and 20 of this Act, at any time before process against 

the person of the defendant to enforce an order or judgment in the 

action. 

Proceedings Sec. 26. If a judgment be recovered against the Sheriff, upon his 

against Sher- liability as bail, and an execution thereon be returned unsatiraed, in 

• whole or in part, the same proceedings may be had on the official bond 

of the Sheriff, to collect the deficiency, as in other cases of delinquency. 

Liability of ^^^' ^'^' ^*^ taken upon the arrest shall, unless they justify, or 

bail. other bail be given or justified, be liable to the Sheriff, by action, for 

damages which he may sustain by reason of such omission. 

Reduction Sec. 28. A defendant arrested may, at any time before judgment, 

of bail. apply? on motion, to vacate the order of arrest, or to reduce the amount 

of baiL 
Motion upon Sec. 29. If the motion be made upon affidavits on the part of the 
affidavits. defendant, but not otherwise, the plaintiff may oppose the some by offi- 
davits or other proo&, in addition to those on which the order of arrest 
was made. 
Meaning of Sec. 30. The word " plaintiff," as used in this Act, shall be construed 
terms. ^ mean the party moving or complaining in an action or suit ; and the 

word " defendant," as the adverse party. 

In the Senate House, the twenty-sixth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robert K. Scott, Governor. 



No. 66. AN ACT to define the jurisdiction and duties op County 

Commissioners. 

Section 1. BeU encuied by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, 
Jurisdiction, and by the authority of the same, County Commissioners, elected in pur- 
suance of Section 19 of Article IV of the Constitution, shall have juris- 
diction over roads, highways, ferries, bridges, and in all matters relating 
to taxes and disbursements of money for County purposes, and in every 
other case that may be necessary to the internal improvement and local 
concerns in their respective Counties. 
Oath of of- Sec. 2. County Commissioners, before entering upon their duties, shall 
flee. be sworn, and at their first meeting after their election shall choose a 

Chairman of their Board. 
Sec. 3. A majority of the Board of County Commissioners shall con- 
Quorum, stitute a quorum for the transaction of business, and all questions which 
shall arise at their meetings shall arise at their meetings shall be deter- 



OF SOUTH CAROLINA. 129 

mined hj* a majority of the Board. The Board shall sit with open A. D. 1868. 
doors, and all persons may attend their meetings. In case of the absence ^"^-^^y-^— ' 
of the Chairman at any meeting, the members present shall choose one of 
their number as temporary Chairman. 

Sec. 4. Every Chairman shall have power to administer an oath to any Chairman, 
person concerning any matter submitted to the Board, or connected with 
their powers or duties. 

Sec. 5. The County Commissioners of the several Counties of this State Annual and 
shall meet annually in their respective Counties for the dispatch of busi- special meet- 
ness; they may also hold special meetings at such times and places as ^^^^* 
thej may find convenient, and shall have power to adjourn from time to 
time, as they may deem necessary. 

Sk, 6. The annual meeting of the Boards of County Commissioners Notice of 
for eSSh. County shall be on t he first Tuesday of No vember, and the Clerk ?®®*^v p. ^ 
of the Board shall give notice ot tlje time oi nolding said annual meeting ^^ is e • 
by inserting the same at least once in each week for four weeks previous 
to such meeting, in any newspaper or papers published in the County ; 
and if there be no paper published in the County, then he shall post said 
notice upon or near the door of the court house of the County ; said notice Accounts to 
shall require all persons having bills against the County to deposit the ho presented. 
same with the said Clerk on qr before the first day of November, and in 
de&ult thereof that such bills wiH not be audited^'Srsard annual meeting. 

Sec. 7. County Commissioners, when assembled for the performance of Punish con- 
their duties, may punish disorderly conduct, causing interruption to the tempts, 
business of their meetings, or amounting to an open and direct contempt 
of their authority or persons, by fine not exceeding ten dollars, or by con- 
fiiiement in the custody of the Sheriff or a Deputy Sheriff, Coroner or a 
Constable, for a time not exceeding twelve hours. 

Sec. 8. Sheriffij, Deputy Sheriffs, Coroners and Constables shall serve Officers to 
and execute all le^l oroers, warrants or processes to them directed by ^®^^® p r o - 

j.\^ n J. r^ ' ' cesses. 

the County Commissioners. 

Sec. 9. The books, records and accounts of the Boardsof County Com- Books and 
missioners shall be deposited with their Clerk, aaid shall be open, with- records open. 
out reward, to the examination of all persons. 

Sec. 10. The Board of County Commissioners of each County in the Powers of 
State shall have power at their annual meeting : . . ^^® Board. 

1. To examine, settle and allow all accounts chargeable against siich To settle 
County, and draw orders on the County Treasurer for the same. accounts. 

2. To cause to be levied, collected and paid to the Treasurer of the To raise mo- 
County such sum of money as may be necessary to construct and repair ney for build- 
bridges therein, and to prescribe upon what plan, and in what manner, *^^ bridges. 
the moneys so to be raised shall be expended. 

3. To apportion the tax so to be raised among the several towns and To appor- 
wards of their County, as shall seem to them to be equitable and just. *^^^ taxes. 

4. To cause to be levied, collected and paid all such sums of money as To raise mo- 
they shall deem necessary for rebuilding or repairing the court house or ney for pub- 
jail of their County, or for building, rebuilding or repairing the Clerk's ^^^ huildmgs. 
office for the County, and to prescribe upon what plan, and in what man- 
ner, money so raised shall be expended. 

5. To cause to be raised by tax upon such County, any sum of money Amount fim- 
not to exceed the sum of five thousand dollars in any one year, for the ited. 

17 



130 STATUTES AT LARGE 

A. D. 1868. purpose mentioned in the first and second sub-divisions of Section 14 of 
^*— v-*-' this Act. 

To fix time 6. To determine by resolution when the County taxes shall be collected 
of collection. ^^^ p^j^ ^ ^^le County Treasurer. 

Shall divide Sec. 11. The County Commissioners of the several Counties in this 
Counties into State shall, immediately after the passage of this Act, or as soon there- 
townships, after as practicable, divide their respective Counties into townships of not 
less than thirty-six nor more than one hundred square mUes in extent, 
(except in the case of wild, marshy or uninhabited tracts, when extent 
may be increased within their discretion,) having reference in such divi- 
sion to the configuration of the country, number of inhabitants, course of 
trade, facilities for inter-communication, and the general convenience of 
the people thereof. For the purpose of running and establishing the lines 
of said townships, the County Commissioners may employ a surveyor and 
incur such other expense as may be necessary to erect permanent monu- 
ments to designate the respective boundary Imes at every angle thereof, 
except where such lines are bounded by the ocean or some permanent 
stream of water. The monuments shall be of stone, brick or iron, and be 
at least four feet high from the surface of the ground, and the initial let- 
ter of the respective names of contiguous townships shall be plainly and 
legibly cut or marked thereon. 
To name. Sec. 12. Whenever the Board of County Commissioners shall erect a 
township as herein provided, they shall designate the name thereof, the 
Organiza-^^^® and place of holding the first meeting therein, and three electors of 
tion. such township, whose duty it shall be to preside at such meeting, ap- 

point a Clerk, open and keep the polls, and exercise the same powers as 
Justices of the Peace, while presiding at such meeting ; and in case any 
of the said electors shall refuse or neglect to serve, the electors of the said 
township present at such meeting shall have power to substitute some 
other elector of said town for each one so reftising or neglecting to serve. 
Notice of the time and place of holding such town meeting, signed by the 
Chairman of the Board of County Commissioners, shall be posted in four 
of the most public places in such township, by the person so designated to 
preside at such meeting, at least fourteen days before holding the same. 
Report to Sec. 13. The County Commissioners shall report their doings under 
General As- Sections 11 and 12 of this Act to the General Assembly for confirmation, 
sembly. g^ f^^ as relates to the division of their Counties into townships, the town- 
ships therein established, and the boundary lines thereof. 
Powers. "^^- 14. The Boards of County Commissioners shall have power, and 

they are hereby authorized : 
To purchase 1- ^^ ^^7 nieeting thereof, lawfully assembled, to purchase for the use 
real estate, of their respective Counties any real estate necessary for the erection of 
buildings and for the support of the poor of such County. 
To fix sites 2. To fix upon and determine the site of any such buildings, and cause 
of buildings, iq jj^ erected necessary buildings for poor houses, and prescribe the man- 
ner of erecting the same. 
To borrow 3. To borrow money for the use of such County, to be expended for 
money. the purchase of any real estate, or for the erection of any such buildings, 

and to provide for the payment thereof, with interest, bv^x upon such 
County, within ten years from the date of such loan, in yearly instalments 
or otherwise. 



OP SOUTH CAJROLINA. 131 

4. To authorize the sale or leaaing of any real estate belonging to such A. D. 1868. 
County, and to prescribe the mode in which any conveyance shall be made, ^-^-v^— ^ 

5. To make such orders concerning the corporate property of the To sell or 
County as they may deem expedient. le&sQ. 

6. To examine, approve or disapprove the official bonds of all County To approve 
officers. bonds. 

7. To require any County officer whose salary is paid by the County to Require re- 
make report, under oath, to them, on any subject or matter connected ports. 

with the duties of their offices ; and the said officers are hereby required 
to make such report whenever called upon by resolution of such Board ; 
and if any officer shall neglect or refuse to make such report, he shall be 
deemed guilty of a misdemeanor, and punishable by fine or imprisonment, 
within the discretion of the Circuit Court. 

8. To appoint Special Commissioners to lay out public highways in To appoint 
those cases where they shall be satisfied that the road applied for is im-^?®^.^^^^"^" 
portant, and the same is unreasonably neglected or reused by the town 

or towns in which the highway is required : Provided, That no such loan Proviso, 
shall be created by the County Commissioners until they notify the Gen- 
eral Assembly of the necessity thereof, and authority be granted by them 
to create said loan. 

Sec. 15. Special meetings of the Board of County Commissioners of Special meet- 
any County may be called by the Chairman of the Board on his own ^^^^' 
motion or the written request of the other members of the Board. 

Sec. 16. The County Commissioners shall have power to provide for . Compensa- 
the payment to the Special Commissioners, appointed under the eighth *i^y J^^ ®P.®' 
sub-division of Section fourteen of this Act, for their time and expenses, sioners. 
at a rate not exceeding three dollars per day each, and five cents for each 
mile of necessary travel. The decisions made by said Special Commis- Decisions 
sioners may be appealed from, and reviewed in the same manner, and "^*y J® ^®" 
with like authority, as is allowed by law from the acts of the County 
Commissioners. The work so to be laid out by such Special Commission- -p , 
ers, or the same as settled on appeal, shall be recorded, opened and worked opened and 
afi public highways of the towns, cities or Counties in which they are re- worked, 
spectively situated, in the same manner as other highways of the town, 
city or County are now required by law to be recorded, opened and 
worked. 

Sec. 17. Every resolution of any Board of County Commissioners Miscellane- 
passed in pursuance of the provisions of this Act shall be signed by the ^"^ records. 
Chairman and Clerk of the Board, and be recorded in the book of mis- 
cellaneous records of the County. 

Sec. 18. Each Board of County Commissioners shall appoint some Clerk. 
proper person to be their Clerk, whenever necessary, and may remove 
him at pleasure, whose general duties it shall be : 

1. To record, in a book to be provided for the purpose, all proceedings Duties, 
by the Board. 

2. To make regular entries of all the resolutions or decisions on all 
questions concerning the raising or payment of moneys. 

3. To record the vote of each Commissioner on any question submitted ' 
to the Board, if required by any member present ; andj 

4. To preserve and file all the accounts acted upon hj the Board. 

Said Clerk shall take the oath prescribed by the Constitution. He Oath, 
shall receive a reasonable compensation for his services, to be fixed by 



132 STATUTES AT LARGE ^ 

A. D. 1868. the Board, not to exceed three dollars per day for the time actually and 
^^-'•v**^ necessarily employed. 

Sec. 19. The Board of County Commissioners of any County may 
^®*^- adopt a seal, and, when so adopted, the Clerk of such Board shall cause 

a description thereof, together with an impression therefrom, to be filed in 
the office of the Clerk of the Court of Common Pleas and General Ses- 
sions of said County, and in the office of the Secretary of State ; and the 
same shall thereupon be the seal of the Board of County Commissioners 
for such County. 
Copies of Sec. 20. Copies of all papers duly filed in the office of the Clerk of the 
papers shall Board of County Commissioners of any Oounty, and transcripts frcwn the 
in Courtsr^^ ^^^ ^^ record kept therein, certified by such Clerk, with the seal of 
office affixed, shall be evidence in all Courts and places in like manner as 
if the original were produced. 
Auditing of Sec. 21. No account shall be audited by any Board of County Corn- 
accounts, missioners for any services or disbursements, unless such account shall be 
made out in items and accomfpanied with an affidavit attached to, and to 
be filed with, such account, made by the person presenting or claiming 
the same, that the items of such account are correct, and that the dis- 
bursements and services charged therein have been in fact made or ren- 
p . dered, and stalting that no part thereof has been paid or satisfied : Pro- 
^^^^^^' vided, Nothing in this Section shall be construed to prevent any Board 
from disallowing any account, in whole or in part, when so rendered and 
-terified, nor from requiring any other or further evidence of the truth 
and propriety thereof, as such Aboard may think proper. No allowance 
or payment beyond legal claims shall ever be allowed. 
County to ^EC. 22. All fees and accounts of Magistrates, Justices of the Peace, 
5 ay certain and other officers, for criminal proceedings, including cases of vagrancy, 
fees of Mag-^iigji not recovered from the defendant or party complaining, shall he 
paid by the County wherein the offence shall have been committed ; and 
. all accounts rendered for such proceedings shall state when such offence 
was committed. And the fines imposed and collected in such cases shall 
be credited and paid to the County Treasurer by the Magistrate, Justice 
of the Peace, or other officer impoeing and collecting the same. And 
whenever any criminal warrant or process shall be issued by any Magis- 
trate, Justice of the Peace, or other officer residing out of the County 
wherein the offence shall have been committed, it shall authorize the 
officer executing the same to carry the person charged with the offence 
before any Magistrate or Justice of the Peace resident and being in the 
County wherein such offence shall have been committed, to be proceeded 
against according to law ; and such officers shall not be allowed any 
compensation for any further proceedings in any such case beyond issuing 
such warrant or process. 
Subpoena Sec. 23. No traveling fees shall be allowed for subpoenaing a witness 
fees. beyond the limits of the County in which the subpoena was issued, or of 

an adjoining County, unless the Board auditing the account shall be sat- 
isfied by proof that such witness could not be subpoenaed without addi- 
tional travel; nor shall any travel fees for subpoenaing witnesses be 
allowed, except such as the Board auditing the account shall be satisfied 
were indispensably necessary. 
Fiscal year. Sec. 24. The fiscal yea r shall commence on the first day of Noyemb ftr 
in each year ; and rt snairiBe IKe^dufy of all persons having any claim or 



OF SOUTH CAROLINA. 1S3 

demand against a Cotmjty to have the same made out in items, with dates A. D. 1868. 
prefixed, and verified in the manner and form required by law, and to ^--^v— *^ 
deposit the same in the office of the Clerk of the Board of Countjr Com- "When ac- 
missioners for the County on or before the first day of November m each ^e^^sented* 
and every year, and the Board of County Commissioners in any County 
may, in their discretion, refuse to audit or allow any claim or demand 
unless made out, verified and deposited in the manner herein specified. 

Sec. 25. All accounts presented in any year to the Board of Commis- Numbering 
sioners of any County shall be numbered from number one upwards, in of accounts, 
the order in which they are presented, and a memorandum of the time of 
presenting the same ; of the names of the persons in whose favor they 
shall be made out ; and by whom they shall be presented, shall be en- 
tered in the minutes of the Board to which they snail be presented ; and 
no such accounts, after being so presented, shall be withdrawn from the 
custody of the Board, or its Clerk, for any purpose whatever, except to 
be used as evidence upon a judicial trial or proceedings, and in such case 
it shall, after being so used, be forthwith returned to such custody. 

Sec. 26. It shall be the duty of the Clerks of the Boards of County Clerk's state- 
Commissioners on or before the second Tuesday of November in each "lents. 
year to make out a statement, showing : 

1. The amount of compensation audited by the Board of County Com- 
missioners to the members thereof, severally, within the year, and the 
item!s and nature of such compensation as audited. 

2. The number of days the Board shall have been in session within 
such year, and the distance traveled by the members respectively, in at- 
tending to the meetings of the Board. 

3. Whether any accounts were audited or allowed without being veri- 
fied according to law for any member of the Board of Commissioners, or 
any other person, and if any, how much, and for what ; and such state- 
ment shall be certified by sudi Clerk, and be printed in a newspaper 
published or circulated in the County within two weeks after said state- 
ment shall be so made out ; and it shall be the special duty of such 
Clerk to see that the same is so published ; and for every intentional 
neglect so to do such Clerk shall be deemed guilty of a misdemeanor, 
and punishable by fine or imprisonment, within the discretion of the 
Court 

Sec. 27. It shall be the duty of the B^rd of County Commissioners Publication 
in each County, annually, to publish in one or more newspapers printed ^ ^Ajf^^^"*^^^ 
or circulated in such Oounty, the name of every individual who shall 
have had any account audited and allowed by said Board, and the 
amount of said claim as allowed, together with the amount claimed. 

Sec. 28. It shall be the duty of the Clerk to designate every account Clerk to 
upon which any sum shall be audited and allowed by the Board, and designate ac- 
the amount so audited and allowed, and the charges for which the same ^^"^ * 
was allowed ; and he shall also deliver to any person who may demand 
it a certified copy of any account on file in his office, on receiving from Copies, 
such person ten cents for every folio of one hundred words contained in 
such copy. 

Sec. 29. Each member of the. Board of County Commissioners shall Compensa- 
be allowed compensation for his services in attending the meetings oftionof Com- 
the Board, and for necessary time spent in discharging other duties im- "yssioners. 
posed by law, if any, at the rate of three dollars per dtiy, and five cents 
per mile for necessary travel. 



134 STATUTES AT LAEGE 

A. D. 1868. Sec. 30. No member of the Board of County Commissioners shall 
^*-'*v**^ vote for any extra allowance to any person who is paid by salary, nor 
; N o extra shall the Treasurer of said County knowingly pay to any such person any 
allowance, ^xtra allowance. Every offence against the provisions of this Section 
shall be a misdemeanor, punishable by a fine not less than the amount of 
maki^!^^ ^^^^ extra allowance, or by imprisonment in the County jail for a period 
not exceeding six months, or by both such fine and imprisonment. 
Refusal to Sec. 31. II* any County Commissioner shall reftise or neglect to per- 
perform duty form any of the duties required of him by law as a member of the Board 
of County Commissioners, he shall for every such oftence forfeit the sum 
of two hundred and fiftv dollars. 
Insure pub- Sec. 32. The publii5 officers having by law the care and custody of 
Duildmgs. town, village, city or County buildings, are hereby authorized to insure 
the same at the expense and for the benefit of the town, village, city or 
County owning the same. 
Annual Sec. 33. County Commissioners shall annually, on or before the second 
estimates. Tue sday of November, prepare and make up the estimate for all County 
cBarges ah J debts for the fiscal year then ensuing, and of the rate of 
taxationnec^aiy ib rsSse money to meet tfie same ; the estimates so 
made up and approved by them shall be recorded by their Clerk, in a 
book kept for that purpose, and a fair copy thereof, with a statement of 
the amount of borrowed money due^from the Coun ty, and of the 
amount oT taxes ^ue and unpaid at the time of makmg said estimates, 
* signed by the presiding Commissioner and attested by their Clerk, shall, 

'"^ft^d t^^th"^''^*^ *^® Treasurer's accounts, be sealed up and transmitted by the Clerk 
C onmtroller- ^ *^® office of the Comptroller-General of the State, to be laid before 
General. the General Assembly for approval, if it shall think proper and advisa- 
ble. 
Apportion- Sec. 34. The County Commissioners shall apportion all County taxes 
ment of taxes according to the then last State valuation, and shall, by their Clerk, 
certify to the Assessors of the cities and towns their respective portions : 
Proviso. Provided, No Jftx shall be levied and collected by the County Com- 
missioners until the sairie'has been au{EofrzedT)y the General Assembly. 
County a Sec. 35. £ach County "shall be a body politic and corporate for the 
body politic, following purposes : To sue and be sued, jpurchase and hold for the use 
of the County personal estate and land lying within its own limits, and 
to make necessary contracts ^and do necessary acts in relation to the 
property and concerns of the County. 
Property of ^^^' ^®' ^^ ^^'^ personal estate heretofore conveyed by any form 
the County, of conveyance to the inhabitants of a County or district, to a Committee 
or Commissioners or other persons, or existing in a County or district for 
the use and benefit of a County or district, shall be deemed to be the 
property of such County; and such conveyance shall have the same 
force and efiect as if made to such Counties by their respective corpo- 
rate names. 
Term of of- Sec. 37. Members of the Board of County Commissioners shall hold 
fice. their office for the term of two years, and until their successors are 

elected and qualified: Provided, If any person elected a member of 
said Board shall remove from the County without intention to return, be 
or become disqualified, be removed from office, resign or die, the said 
Vacancies ^^^^y ^V^^ proper evidence thereof, shall be declared vacant by the 
Governor of the State, who shall thereupon, by proclamation^ call an 



OF SOUTH CAROI/INA, 185 

election in said County to fill the unexpired term of said office, giving at A. B. 1868. 
least twenty days' notice thereof in the public prints circulating in the '^— v^— ^ 
County. 

Sec. 38. The first term of office of County Commissioners created by Expiration 
the Constitution ratified on the 14th, 15th and 16th days of April, Anno of term. 
Domini eighteen hundred and sixty-eight, shall be held to expire on the 
third Monday of April, Anno Domini eighteen hundred and seventy; 
and succeeding terms on the same day in every second year thereafter. 

Sec. 39. There shall be a general election in each County, for County General 
Commissioners, on the second Tuesday of April, Anno Domini eighteen Countv Corn- 
hundred and seventy, and on the same day in every second year there- missioners. 
after. 

Sec. 40. That all Acts and parts of Acts inconsistent with this Act, or Inconsistent 
supplied by it, are hereby repealed.; and all County or district offices hereto- Acts repealed 
fore existing, the functions and powers of which are herein conferrecLupon 
County Commissioners, are hereby abolished, and the officers holding the 
same shall immediately transfer all property, records, books and papers 
pertaining to their respective offices to the County Commissioners of their 
respective Counties. Any outgoiilg officer, whose office is abolished by this Penalty for 
Section, who shall refuse or neglect, for ten days after demand therefor refusal to do- 
by the County Commissioners, to deliver up the property, records, books li^or up pro- 
or papers, as herein required, shall be liable to a penalty of fifty dollars. P®"^' *^' 

In the Senate House, the twenty-sixth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L, BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved : Robert K. Scott, Governor. 



AN ACT TO FIX THE SALARY AND REGULATE THE PAY OP CERTAIN No. 67. 

OFFICERS. 

Section 1. Be it enacted by the Senate and House of Representatives of g„|j.j.jeg 
the State of South Carolina, now met and sitting in Greneral Assembly, 
and by the authority of the same. The Governor of the State shall receive Governor, 
an annual salary of three thousand five hundred dollars ; the Secretary of Secretary of 
State shall receive an annual salary of three hundred dollars, the same to State, 
include Clerk's salary, said Clerk to be appointed by him and removed at 
pleasure ; the office of the Surveyor-General is abolished, and the duties Office Sur- 
heretofore devolved upon that office shall be performed by the Secretary ^ ©y^ i^h'^d" 
of State ; the fees or perquisites of the office of Secretary of State shall 
hereafter be paid into the Treasury of the State ; the Lieutenant-Governor, Lieutenant- 
while presiding over the Senate, shall receive a per diem of ten dollars, Governor, 
and the mileage of a member of the Greneral Assembly ; the Private Secre- P"^^**® S®^" 
tary to the Governor shall receive an annual salary of fifteen hundred ^dlutant- 
dollars; the Adjutant and Inspector-General shall receive an annual Gkneral. 
salary of twenty-five hundred dollars; the Comptroller-General shall re-Comptroller- 
ceive an annual salary of three thousand dollars, and the fees and perqui- General. 



136 STATUTES AT LARGE 

A. D. I8681 sites of that ofSme shall be paid into the Treasury of the State ; the Treas- 
^*-'"v^*^ urer of the State shall receive aa annual salary of two thousand five 
Treasurer, hundred dollars, and his Chief Clerk, to be appointed with the approval 
of the Grovemor, sha,ll recdive an annual salary of eighteen hundred dol- 
JusticesSu-lars; the Chief Justice of the Supreme Court shall receive an annual 
preme Court, g^lary of four thousand dollars ; and the Associate Justices of the Su- 
Circuit P^®^® Court shall receive, each, an annual salary of three thousand five 
Judges. hundred dollars ; the Circuit Judges shall each receive an annual salary 
Solicitors, of three thousand five hundred dollars ; the Circuit Solicitors shall each 
receive an annual salary of one thousand dollars, and the fees prescribed 
County Au- by la-^^r ; County Auditors shall each receive an annual salary of one thous- 
and dollars, except the Auditor for Charleston County, who shall receive 
Coroners, an annual salary of one thousand five hundred doUars ; Coroners, shall 
Co u n t y receive the fees heretofore provided by law ; the County Treasurers shall 
Treasurers, ^^^^t^ receive the commissions heretofore provided by law for Tax Col- 
lectors : Provided^ The same shall not exceed two thousand five hundred 
pi?^/^^^^^^ ^^11*^ P®^ annum ; Engrossing Clerks shall receive the same per diem 
^'^ '* as members of the General Assembly. The salaries herein provided for, 

except those paid by fees or commissions, shall be paid quarterly out of 
the Treasury of the State. 
Must be du- Sec. 2. No executive, judicial, or other officer, elected or appointed to 
ly qualified, ^j^y. q^j^q j^ ^be State, shall be entitled to or receive any pay or emolu- 
ments of office until he shall have been duly commissioned and qualified. 
Evidence of Sec. 3. The Governor shall not commission any person elected or ap- 
to^be fornish^ pointed to any office, unless such person shall fiimish to him satisfactory 
ed before and conclusive evidence that he is duly qualified to hold and enjoy the 
commission, said office, under the Constitution of this State and of the United States. 

In the Senate House, the twenty-sixth^day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved : Robert K. Scott, Grovemor. 



No. 68. AN ACT to regulate the practice op the Circuit Courts in 

CERTAIN CASES. 

Section 1, Beit enacted by the Senate and House of Representatives 
p . .of the State of South Carolina, now met and sitting in General Asseii\bly, 
Courts. ^ ^ \ ^^d ^y *^® authority of the same. All the Courts of the State organized 
under the Act entitled " An Act to organize the Circuit Courts " shall 
May ffrant have power to grant new trials in case where there has be^ a trial by 
new trials. jm.y fQ^ reasons for which new trials have usually been granted in the 
Courts of law of the United States; and they shall have power to admin- 
ister all necessary oaths or affirmations, and punish by fine or imprison- 
ment, at the N discretion of said Courts, all contempts of authority in any 
Shall make ^^^^® ^^ hearing before the same, and to make and establish all necessary 
rules. rules for the orderly conducting of business in said Courts : Frovidea, 



OP SOUTH CAROLINA. 137 

■ 

Such rules are not repugnant to the laws of the State or the rules pre- A. D. 1868. 
scribed by the Supreme Court ^— -v— ^ 

Sec. 2. The Circuit Courts, as Courts of Equity, shall be deemed always Ag Courts of 
open for the purpose of filing bills, petitions, answers, pleas and other ^^**^ty* 
pleadings, for issuing and returning mesne and final process and commis- 
sions, and for making and directing all interlocutory motions, orders, rules 
and other proceedings whatever, preparatory to the hearing of all causes 
pending therein upon their merits, and it shall be competent for any 
J udge of the said Courts, upon reasonable notice to the parties, in the 
Clerk's office or at Chambers, and in vacation as well as in term, to make, 
direct and award all such process, commissions and interlocutory orders, 
rules and other proceedings, whenever the same are not grantable of 
course, according to the rules and practice of the Court. 

Sec. 3. Issues of fact, in civil cases, in any Circuit Court, may be tried Issues of fact 
and determined by the Court without the intervention of a jury, whenever ™^7 ^® .*^^®^ 
the parties or their attorneys of record file their consent, in writing, with ^^ ^^ ^^^* 
the Clerk of the Court, waiving a jury. 

Sec. 4. Upon the trial of a question of feet by the Court, its decision Manner of 
shall be given in writing, and shall contain a statement of the facts giving deoi- 
found and the conclusions of law, separately ; and upon a trial of an sions. 
issue of law the decision shall be made in the same manner, stating the 
conclusions of law. Such decision shall be filed with the Clerk within 
sixty days after the Court at which the trial took place. Judgment upon Judgments 
the decision shall be entered accordingly as of the term, and the judg-°^*y J® ^^' 
ment and finding may be reviewed on writ of error or appeal, when the ^^®^® 
same is duly taken, after the filing of the decision. 

Sec. 5. All issues of law or fact in civil cases may be referred to arbi- Issues may 
trators or referees upon the written consent of the parties ; and when the ^^ referred 
parties do not consent, the Court may, upon • the application of either *^ ^® erees. 
party, or of its own motion, except where the investigation will require 
the decision of difficult questions of law, direct a reference in the follow- 
ing cases : Ist. Where the trial of an issue of feet shall require the ex- 
amination of a long account on either side; in which case the referees 
may be directed to hear and decide the whole issue, or to report upon 
any specific question of fact involved therein. 2d. Where the taking of 
an account shall be necessary for the information of the Court, before 
judgment, or for carrying a judgment or order into effect. 

Sec. 6. The trial by referees or arbitrators shall be conducted in the Manner of 
same manner and on similar notice as a trial by the Court. They shall ^ 9^ ^""^^'^S 
have the same power to grant adjournments and to allow amendments to e"^ ^ ^^ ^^' 
any pleadings as the Court upon such trial, upon the same terms and 
with like effect. They shall nave the same power to preserve order and 
punish all violations thereof upon such trial, and to compel the attend- 
ance of witnesses before them by attachment, and to punish them as for 
a contempt for non-attendance or refusal to be sworn or testify as is pos- 
sessed by the Court. They must state the facts found and the conclus- 
ions of law, separately. The report of such referees or arbitrators being 
returned, shall be allowed and stand as the decision of the Court grant- 
ing the rule, unless sufficient cause be shown to the contrary. When 
the reference is to report the facts, the report shall have the effect of a 
special verdict found by a jury. 

Sec. 7. In all cases of reference, the parties as to whom issues are 
18 



138 STATUTES AT LAKGE 

A. D. 186a formed in the action (except when the defendant is an in£uit or an 
''— v^— ^ absentee) may affree in writing upon the persons, not exceeding three, and 
Parties majr a reference shall be ordered to him or them and to no other persons. And 
timr uDoiTre^ ^ ®^^^ parties do not agree, the Court shall appoint one or more referees, 
ferees. not more than three, wno shall be free from exception ; and no person 

Court may shall be appointed referee to whom all parties in the action object ; and 
appoint no Justice or Judge of any Court shall sit as a referee in any action 
pending in the Court of wnich he is Judge. Unless the Court shall 
otherw^ order, or the parties otherwise stipulate, the referee or refei^ 
Reports, shall make and deliver a report within sixty days from the time the action 
shall be finally submitted ; and in default thereof said referee or referees 
shall not be entitled to receive any fees, and the action shall proceed as if 
no reference had been ordered. The report of the referee or referees, ar- 
bitrator or arbitrators, shall be delivered to the Clerk of the Court out of 
which the order of reference issued. 
Drawing: Sec. 8. The juries to serve in the Circuit Courts shall be drawn in 

andqualifica-the same manner, and serve with the same qualifications, as heretofore 
uon of Junes. ^^^^^^ ^^ ^^ ^^^^ ^^^ q^^^^ ^^ ^^ Provisional Govemment 

of the State, until the Act entitled " An Act to regulate the manner of 
Proviso, drawing juries" shall take effect : Provided, No more than thirty-one 
petit jurors or nineteen grand jurors shall be summoned to attend the 
Circuit Court at any one time, except by order of the Court. 

In the Senate House, the twenty-sixth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robert K, Scott, Governor. 



No. 69. AN ACT providing for the next general election and the 

MANNER OF CONDUCTING THE SAME. 

SEdTiON 1. Be it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in (General Assembly, 
Time of. and bv the authority of the same. The next general election in this State 
shall be held on the first Tuesday after the first Monday of November 
next. 
Commission- Sec. 2. For the purposes of carrying on such election, it shall be the 
ers of Elec- juty of the Governor, and he is hereby authorized and empowered, to 
appoint in and for each County three Commissioners of Elections, whose 
duty it shall be, and they are hereby authorized and empowered, to ap- 
point three Managers of Elections for each election precinct of the 
County for which they shall respectively be appointed. The said Com- 
Managers. missioners of Elections and the said Managers of Elections shall take 
and subscribe, before any officer authorized to administer oaths, the fol- 
lowing oath of office prescribed by Section 30 of Article II of the Con- 
stitution, and the same shall be immediately filed, in each instance, in 
the office of the Clerk of the County ip which said Commissioners and 
Managers shall be appointed ; and if there be no such Clerk duly quali- 
fied by law, then in the office of the Secretary of State. 



OF SOUTH CAROLINA, 138 

Sec. 3. The said election shall be held in each County at such and as A. D. 1868. 
many places as may be designated by the Commissioners aforesaid, and '^— v^— ^ 
shall oe conducted in each precinct under the superintendence of the Places. 
said Managers, who shall coniorm in such election to existing laws and 
regulations regarding elections, except as hereinafter otherwise provided. 

Sec. 4. It shall be the duty of such Managers, commencing twenty Duties ol 
days prior to such election, and giving ten days' public notice of the -'"^^^^K^rs- 
time and place of such revision, to revise, for a period of three days, the 
registration lists upon which the election commencing the second day of 
June, one thousand eight hundred and sixty-eight, and ending the third 
day of June of the same year, was conducted, by the addition to such 
lists of the names of all persons entitled to vote under the Constitution 
who have not already been registered, and by striking from^ such lists 
the names of such persons as shall not by-law be entifled to vote. For 
the purposes of such revision, such Managers shall meet at the places 
designated by the Commissioners, as provided in the next preceding 
Section. 

Sec. 5. The Managers are hereby authorized to appoint a Clerk to 
assist them in whatever duties may be required of them, who shall take 
the oath of ofBce hereinbefore mentioned before the Chairman oi the 
Board of Managers. 

Sec. 6. The Commissioners aforesaid and the Managers aforesaid, at . Organiza- 
their first meetings, respectively, shall proceed to organize themselves as *^^^* 
a Board by appointing one of their number Chairman of the Board ; and 
such Chairman, in each instance, shall be empowered to administer the 
necessary oaths. 

Sec. 7. The polls shall be opened at such voting places as shall be Opening oJ 
designated at six o'clock in the forenoon and closed at six o'clock in the P®^^^- 
afternoon, of the day of election, and shall be kept open during these hours 
without intermission or adjournment. 

Sec. 8. Representatives in the House of Representatives of the Con- Congress. 
gross of the United States shall be chosen at such election in the several 
Congressional Districts by the qualified electors therein. 

Sec. 9. The State Constable and other peace officers of each County gtato Con- 
are hereby required to be present during the whole time that the polls are stable, 
kept open, and until the election is completed ; and they shall prevent all 
int^erence with the Managers, and see that there is no interruption of 
good order. If there should be more than one polling place in any 
County, the State Constable of such County is hereby empowered and 
directed to make such assignment of his deputies, and other peace officers, 
to such other polling places as may, in his judgment, best subserve the 
purposes of quiet and order. 

Sec. 10. AH bar-rooms, saloons, and other places for the sale of liquors Sale of 11- 
Iry retail, shall be closed during the progress of such election, and until Quors. 
six o'clock in the morning of the day mereafter; and during the time 
aforesaid, the sale of all intoxicating liquors are prohibited. Any person 
duly convicted, before a competent Court, of a violation of this Section, 
shall be punished by a fine not exceeding fifty dollars, or by imprison- 
ment not exceeding six months, or by bbth such fine and imprisonment, 
in the discretion of the Court. 

Sec. 11. If any company or corporation who have obtained, or may 
hereafter obtain, a charter from the Legislature of tliis State for the 



140 



STATUTES AT LARGE 



A. D. 1868. benefit of such company or corporation, shall discharge, or threaten to dis- 
^**'"v^*^ charge, from employment in such business any operative or employee, 
Penalty of before or after any election, for or on account of his political opinion, or 
l.opkmer''^forvotmg or attempting to vote as he or they may desire, sai^ charter 
shall be deemed and taken to be forfeited, and shall have no legal or 
binding force at any time thereafter, but shall be utterly null and void ; 
and the person discharged may have an action of trespass to recover 
damages for his losses therein sustained against said company or corpora- 
tion ; and should any agent or clerk in the employment of such company 
or corporation discharge, or threaten to discharge, any employee on 
account of his political opinion, or for voting or attempting to vote as he 
or they may desire, if said agent or clerk is not immediately dismissed 
when said company or corporation becomes possessed of such information, 
said company or corporation shall be held responsible for the same, and 
be liable to the penalities hereinbefore prescribed. 
Ballot. Sec. 12. The voting shall be by ballot, which shall contain written or 

printed, or partly written and partly printed, the names of the persons 
voted for, and the offices to which such persons are intended to be chosen, 
and shall be so folded as to conceal the contents ; and such ballot shall 
be deposited in a box to be constructed, kept and disposed of as here- 
inafter provided. 
Tickets. Sec. 13. There shall be one general ticket, on which shall be the names 

of the persons voted for as Representatives in Congress, and State, circuit 
and County officers ; and on another general ticket the names of the per- 
/ sons voted for as Electors of President and Vice-President, as hereinafter 
provided. 
Boxes. Sec. 14. The Commissioners of Election shall provide two boxes for 

each election precinct An opening shall be made ii^ the lid of each box, 
not larger than shall be sufficient for a single closed ballot to be inserted 
therein at one time, through which each ballot received, proper to be 
placed in such box, shall be inserted. Each box shall be provided with 
a sufficient lock, and shall be locked before the opening of the poll, and 
the keys thereof delivered to one of the Managers, to be appointed by the 
Board, and shall not be opened during the election. Such boxes shall be 
labelled as follows : 1. Electors. 2. Congress, Circuit and County Offi- 



cers. 



Poll list. 



Sec. 15. Each Clerk of the poll shall keep a poll list, which shall con- 
tain one column headed "Names of Voters," and so many additional 
columns as there are boxes kept at the election. The heading of each 
additional column shall correspond with the name of one of the boxes so 
kept. 

Names ^^^- ^^' ^^® name of each elector voting shall be entered by the Clerk 

in the column of his poll list headed "Names of Voters ;" and when there 
shall be more than one box kept, opposite such name shall be written the 
figure 1 in each remaining column of such poll list, corresponding in its 
heading with the name of the box in which a ballot of the elector shall 
have been deposited. 

Counting Sec. 17. At the close of the election, the Managers shall proceed pub- 
rotes. HqIj iq canvass the votes, and such canvass, when commenced, shall be 
continued without adjournment or interruption until the same be com- 
pleted. 

Sec. 18. Each box being opened, the ballots contained therein shall 



OP SOUTH CAROLINA. 141 

be taken out and counted unopened, except so &r as to ascertain that each A. D. 1868. 
ballot is single ; and if two or more ballots shall be found so folded to- ^— "v*-*^ 
gether as to present the appearance of a single ballot, they shall be de- 
stroyed, if the whole number of ballots exceed the whole number of votes, 
and not otherwise. 

Sec. 19. If the ballots shall be found to exceed in number the whole Surplus bal- 
number of votes on the correspondent column of the poll lists, they shall lots destroy- 
be replaced in the box, and one of the Managers shall, without seeing the ®^* 
same, publicly draw out and destroy so many ballots unopened as shall 
be equal to such excess^ 

Sec. 20. The Board shall then proceed to canvass and estimate the 
votes. 

Sec. 21. If after having opened or canvassed the ballots it should be Canvassing 
found that the whole number of them exceed the whole number of votes votes. 
entered on the poll list, the Managers shall return all the ballots into the 
box, and shall thoroughly mingle the same ; and one of the Managers, 
to be designated by the Board, shall publicly draw out of such box, with- 
out seeing the ballots contained therein, so many of such ballots as shall 
be equal to the excess, which shall forthwith be destroyed. 

Sec. 22. The canvass shall be completed by ascertaining how many Statement of 
ballots of the same kind corresponding in respect to the names of persons result, 
thereon, and the offices for which they are designated, have been re- 
ceived ; and the result being found, the Managers shall securely attach 
to a statement of such canvass one ballot of each kind found to have 
been given for the officers to be chosen at such election, any or either of 
them, except those given for Electors of President and Vice-President ; 
and they shall state in words, at full length, immediately opposite such 
ballot, and written partly on such ballot and partly on the paper to which 
it shall be attached, the whole number of all the ballots that were re- 
ceived, which correspond with the one so attached, so that one of each 
kind of the ballots received at such election for the officers then to be 
chosen shall be attached to such paper, with a statement of such canvass. 
They shall also attach to such paper the original ballots, if any, rejected 
by them as being defective, which were given at such election. 

Sec. 23. When Electors of President and Vice-President shall be Presidential 
chosen at said election, the Managers shall make a separate canvass and Electors. 
statement of the votes given for Electors, in the manner prescribed in the 
last preceding Section, by ascertaining how many ballots of the same 
kind, corresponding in respect to the names thereon, have been received ; 
and the result being found, the Managers shall securely attach to paper 
one original ballot of each kind found to have been given for Electors, 
and shall state, in words, at full length, opposite such ballot, and partly 
written thereon and partly on the paper to which it shall be attached, 
the whole number of ballots for Electors that were found to have been 
received corresponding with the one so attached. They shall also attach 
to such paper all original ballots for Electors rejected by them as being 
defective. 

Sec. 24. The statement to be made by the Managers shall contain a Managers' 
caption, stating the day on which, and the precinct and County at which, statement, 
the election was held ; it shall also contain a statement showing the whole 
number of ballots taken for each person, designating the office for which 
they are given, which statement snail be written in words at length, and 



142 STATUTES AT LARGE 

A. D. 186a at the end thereof a certifieate that such statement is correct in all re- 
^— ^'^"^ spects, which certificates shall be signed by the Managers. 
Duplicate Sec. 25. Duplicate statements, as provided in the last preceding Sec- 
statements, tion, shall be made by the Managers and filed in the office of the Clerk 
of the County ; and if there be no such Clerk duly qualified according to 
law, then in the office of the Secretary of State. 
To be deliv- Sec. 26. The original statements, duly certified, shall be delivered by 
ered to Com- the Managers, or by one of them, to be deputed for that purpose, on the 
missioners. Tu^gday next following the election, to the Commissioners of Election at 
the County seat; who shall there assemble at that time. 

OF THE COMMISSIOKEBS OF ELECTIONS AS CANVASSEBS AND THEIB 

PBOCEEDINGB. 

Meeting of ^^^' ^*^' ^® Commissioners of Elections shall meet at the County 
C ommission- seat, as provided in the last preceding Section, and shall proceed to or- 
«^'s- ganize, and shall form the County Board of Canvassers. 

. Sec. 28. They shall meet in some convenient place at the County seat, 
tion.'^*^*^*"^^ the Tuesday next following the election, before one o'clock in the after- 
noon of that day. They may appoint some competent person as Secre- 
lary. The Chairman shall then proceed to administer the Constitutional 
oath to each member of the Board as Canvassers, and shall administer 
the Constitutional oath of office to the Secretary, and the Secretary shall 
administer to the Chairman the same oath that he shall have adminis- 
tered to the other members of the Board. 
Statements. ^^^* ^^' "^^^ original statements of the canvass in each precinct shall 
then be produced, and from them the Board shall proceed to estimate the 
votes of the County, and shall make such statements thereof as the nature 
of the election shall require, within three days of the time of their first 
meeting as a Board of County Canvassers. ^ 

jj ,. Sec. 30. Duplicate statements shall be made and filed in the oflice of 

up ica es. ^^^ ciert of the County ; and if there be no such Clerk duly qualified 
according to law, then m the office of the Secretary of State. 
a . Sec. 31. They shall make separate statements of the whole number of 

state^iSente votes given in sich County for fepresentatives in Congress ; and separate 
statements of the votes given for Electors of President and Vice-Presi- 
dent ; and separate statements of all other votes given for other officers. 
Such statements shall contain the names of the persons for whom such 
votes were given, and the number of votes given for each, which shall be 
written out in words at full length. 
Triplicates. Seo. 32. There shall be prepared hj the Commissioners three separate 
lists of each statement, besid^ the list to be filed in the office of the 
County Clerk or Secretary of State, and each list shall be certified to as 
correct by the signatures of the Commissioners subscribed to such cer- 
tificate. 
To whom ^^^* ^^' Within three days after the final adjournment of the Board 
delivered, of County Canvassers, the Chairman of the Board shall deposit in the 
nearest post office, directed to the Grovemor, Secretary of State and 
Comptroller-General, (the ftill postage paid) each, one of the certified 
copies of the statement and certificate of votes, prepared as provided in 
' the last preceding Section. 



OF SOUTH CAROLINA. 143 

OF THE FORMATION AND PROCEEDINGS OF THE BOARD OF STATE A. D. 1868. 

CANVASSERS. v,— .y,-.^ 

Sec. 34. The Secretary of State shall appoint a meeting of the State Board of 
Canvassers, to be held at his office, or some convenient place, on or before State Can- 
the fifteenth day of December next after such general election, for the ^*^^®^^* 
purpose of canvassing the votes of all officers voted for at such election, 
except Electors of President and Vice-President. 

Sec. 35. The Secretary of State, Comptroller-General, Attomey-Gren- Members. 
eral and Treasurer shall constitute the State Canvassers, three of whom 
shall be a sufficient number to form a Board. 

Sec. 36. If a majority of those officers shall be unable, or shall &il to 
attend, one of the Justices of the Supreme Court and the Mayor of the 
city of Columbia, being notified by the Secretary of State, shall attend 
without delay, and, with the officer attending, shall form the Board. 

Sec. 37. The Board, when thus formed, shall, upon the certified copies Statements, 
of the statements made by the Boards of County Canvassers, proceed to 
mal^e a statement of the whole number of votes given at such election 
for the various officers, and each of them voted for, distinguishing the 
several Counties in which they were given. They shall certify such 
statements to be correct, and subscribe the same with their proper names. 

Sec. 38. Upon such statements, they shall then proceed to determine 
and declare what persons have been, by the greatest number of votes, 
duly elected to such offices, or either of them. 

Sec. 39. They shall make and subscribe, on the proper statement, a 
certificate of such determination, and shall deliver the same to the Secre- 
tary of State. 

Sec. 40. The Board shall have the power to adjourn, from day to day, A d j o urn- 
for a term not exceeding five days. ments. 

Sec. 41. The Secretary of State shall record in his office, in a book to statements 
be kept by him for that purpose, each certified statement and determina- recorded, 
tion which shall be delivered to him by the Board of State Canvassers, 
and every dissent or protest that shall have been delivered to him by a 
Canvasser. 

Sec. 42. He shall, without delay, transmit a copy, under the seal of his Copy, 
office, of such certified determination to each person thereby declared to 
be elected, and a like copy to the Governor. 

Sec. 43. He shall cause a copy of such certified statements and deter- Published, 
minations to be printed in one or more of the public newspapers in each 
County, if any shall be published therein. 

Sec. 44. He shall prepare a general certificate, under the seal of the General cer- 
State, and attested by him as Secretary thereof, addressed to the House of *ifi<»*®8- 
Representatives of tne United States in that Congress for which any per- 
son shall have been chosen, of the due election of the persons so chosen at 
such election, as Representatives of this State in Congress, and shall trans- 
mit the same to the said House of Representatives at their first meeting. 

Sec. 45. The Secretary of State shall enter in a book, to be kept in his Names of 
office, the names of the respective County officers elected in this State, officers elect- 
specifying the Counties for which they were severally elected, and their corded. ^ ^°" 
place of residence, the office for which they were respectively elected, and 
their term of office. 



144 BTATUTES AT LARGE 

A. D. 1868. OF THE ELECTION OP ELECT0B8 OP PRESIDENT AND VICE-PRESIDENT. 

Presidential Sec. 46. At the next general election provided for in this Act, there 
Electors. shall be elected, by general ticket, as many Electors of President and 
Vice-President as this State shall be entitled to appoint ; and each Elector 
in this State shall have a right to vote for the whole number of such 
Electors ; and the several persons, to the number required to be chosen, 
having the highest number of votes, shall be declared and deemed duly 
appointed Electors. 
Certified ^*^- ^^* ^^^ Commissioners of Elections of each County shall make 
copies. four certified copies of the statement of votes given for Electors in their 

County, one of which copies shall be filed in the office of the Clerk of the 
County, if there be such Clerk duly qualified by law ; another of such 
copies they shall forthwith transmit to tne Grovemor, another to the Secre- 
tSLTY of State, and deliver the other as hereinafter directed. 
Messengers. ^^^' ^' "^^^^ Commissioners of Election of each County shall appoint 
' a messenger, and shall deliver to such messenger the remaining certified 
copy of the statement of the votes given in their County for Electors, se- 
curely enclosed and under seal, and such messenger shall proceed forth- 
with to deliver the same to the Secretary of State. 
Meotinff of Sec. 49. The Board of State Canvassers shall meet at the office of the 
the Board of Secretary of State on the Wednesday next after the third Monday of No- 
vasserl ^^" member next after such election, or sooner, if all the certified copies of 
the statements of the County Canvassers shall have been received from all 
the Counties, to canvass the votes given for the Electors of President and 
Vice-President ; and in case all the certified statements shall not have 
been received on that day, the Board may adjourn, from day to dav, until 
the same shall have been received, not exceeding five days ; and if at the 
expiration of four days certified copies of the statements of the County 
Canvassers shall not have been received from any County, the Board 
shall proceed to canvass upon such of the said statements as shall have 
been received. 
Statement. Sec. 50. The Board of State Canvassers shall proceed in making a state- 
ment of all the votes, and determining and certifying the persons elected, 
in the maimer prescribed by law in relation to the election of other 
officers. 
Certificates Sec. 51. The Secretary of State shall, without delay, cause a copy, 
^y <S^?^®**^^ under the seal of his office, of the certified determination of the Board of 
®* State Canvassers to be delivered to each of the persons therein declared 
to be elected ; and for that purpose he may employ such and so many 
messengers as he shall deem necessary, 
p hi* h 1 ^^^' ^^' "^^^ determination and certificate of the Board of State Can- 
^ ^^ ® ' vassers in relation of the choice of Electors shall be published in the 
same manner as herein provided in relation to the certificates of the elec- 
tion of other officers. 
Penalty on Sec. 53. If any of the messengers shall be guilty of destroying the cer- 
messengers. tificates entrusted to their care, or of wilfully doing any act that shall 
defeat the due delivery of them as directed by this Act, he shall be pun- 
ished by imprisonment in the Penitentiary at hard labor, ibr a term not 
less than two nor exceeding four years ; and if any person shall be found 
guilty of taking away from any of the said messengers, either by force 
or in any other manner, any such certificates entrusted t& his care, or of 



OP SOUTH CAROLINA. 145 

wafully doing any act that shall defeat the due delivery thereof, as di- A. D. 1868. 
rected by this Act, he shall be punished by imprisonment in the Peniten- ^— "v*-*' 
tiary at hard labor, for not less than two nor exceeding four years. 

Sec. 54. If any officer or messenger, on whom any duty is enjoined in Punishment 
this Act, shall be guilty of any wilful neglect of sucn duty, or of any cor- ^or neglect of 
rupt conduct in the execution of the same, and be thereof convicted, he ^^* 
shall be deemed guilty of a misdemeanor, punishable by fine not exceed- 
ing five hundred dollars, or imprisonment not exceeding one year. 

Sec. 65. The messengers employed or appointed under this Act shall Compensa- 
receive for their compensation twelve cents per mile for traveling, to be ^^^^ ^^ ^©s- 
audited by the Comptroller-General upon the certificate of the Secretary ^®°S®^^' 
of State. 

Sec. 56. The Commissioners of Election shall receive for their com- compensa- 
pensation three dollars per daj for their services while actually employed ; tion of Com- 
and the Managers shall receive two dollars per day while actually em- missioners. 
ployed ; and the Clerks of the Commissioners and the Clerks of the Man- 
agers, respectively, shall receive two dollars per day while actually em- 
ployed. 

Sec. 57. Solicitors for the several Circuits in the State shall be elected solicitors, 
at the next general election provided for in this Act ; also, suitable per- 
sons to fill any vacancy in any elective office in any County, of which at 
least fifteen days' previous notice shall be given, by the proclamation of 
the Grovemor. 

In the Senate House, the twenty-sixth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved : Robert K. Scott, Governor. 



au- 



AN ACT TO AUTHORIZE THE GOVERNOR TO LEAVE T*HE StATE No. 70. 

UNDER CERTAIN CIRCUMSTANCES. 

Section 1. Be it enacted by the Senate and House of Representatives 
of the State of South Carolina, now met and sitting in General Assembly, Governor ««- 
and by the authority of the same. That the Gt)vernor of the State is thorized To 
hereby authorized, whenever in his judgment the public welfare may re- l^e a v e the 
quire it, to leave the State for such a period of time as in his judgment ^^*®- 
may be necessary. 

Sec. 2. All Acts or parts of Acts inconsistent with this Act are hereby Inconsistent 
repealed. Acts repealed 

In the Senate House, the twenty-sixth day of September, in the year » 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved : Robert K. Scott, Governor. 
19 



146 STATUTES AT LARGE 

• 

A. D. 1868. AN ACT TO ORGANIZE TOWNSHIPS, AND TO DEFINE THEIR POWERS 
^'-^■"V"— ^ AND PRIVILEGES. 

No. 71. 

, Section 1. Be it enacted by the Senate and House of Representatives of 
the State of South Carolina, now met and sitting in Genew Assembly, 
Body corpo- ^^^ ^7 *^® authority of the same. The inhabitants of every township are 
jrate. hereby declared to be a body politic and corporate ; and by their corpo- 

rate name may sue and be sued, prosecute and defend any proper action 
or suit at law, and may appoint all necessary agents and attorneys in their 
behalf. 
M h Id ^^^* ^' ^*^^ townships may hold real estate for the use of the inhabi- 
prop^'rty. ^ tants, and may convey the same either by a vote of the inhabitants, or 
by deed of their Committee or agent ; may hold personal estate for the 
public use of the inhabitants, and alienate and dispose of the same by vote 
or otherwise ; may hold real and personal estate in trust for the support 
of schools and for the promotion of education within the limits of the 
town ; may make contracts necessary for the exercise of their corporate 
powers ; and may make orders for the disposal or use of their corporate 
property, as they may judge necessary and expedient for the interest of 
the inhabitants. 
Vote men- Sec. 3. Said towns may, at legal meetings, grant and vote such sums of 
eys. money as they judge necessary for the following purposes : 1. For the 

support of town schools. 2. Laying out, discontinuing, making, altering 
and repairing highways, and for labor and materials to be used thereon. 
3. For burial grounds. 4. For all necessary charges and liabilities aris- 
ing thereip. 
Boundaries ^^^' ^' ^^® l^Gs between the towns in this State shall be perambu- 
lated, and the marks and bounds renewed once in every seven years for- 
ever, by the Selectmen of such towns, or by such person as they shall ap- 
point for that purpose. 
Voters. Sec. 5. Every male citizen of the age of twenty-one years and upwards, 

resident within the township, shall be allowed to vote, under the same 
limitations and restrictions as provided in Section 2 of Article VIII of 
the Constitution for a voter in the County, at all meetings held for the 
transaction of town business. 
Annual ^^^' ^' "^^^ annual meeting of each town shall be held on the second 
meetings. Tuesday of April ; and other meetings at such times as the Selectmen 
may order. Meetings may be adjourned from time to time, and to any 
place within the town. 
Town meet- Sec. 7. Every town meeting shall be held in pursuance of a warrant 
ings. under the hands of the Selectmen, or a majority thereof, directed to the 

Constable, or some other person appointed by the Selectmen for that pur- 
pose, who shall forthwith notify such meeting in the manner prescribed 
by law. 
Time and ^EC. 8. The warrant shall express the time and place of the meeting, 
place. and the subjects to be there acted upon ; the Selectmen shall insert 

' therein all subjects which may, in writing, be requested of them by any 

ten or more voters of the town, and nothing acted upon shall have a legal 
operation unless the subject matter thereof is contained in the warrant. 
Meetings to Sec. 9. If the Selectmen unreasonably refuse to call a meeting, any 
be called. Justice of the Peace of the town", upon the application of ten or more le- 
gal voters of the town, may call such meeting, by warrant under his hand, 



OF SOUTH CAROLINA. 147 

directed to the Constable of the town, if any, otherwise to any of the per- A. D. 1868. 
sons applying therefor, directing them to summon the inhabitants quali- ^— ^'v"'-^ 
fied to vote in town affairs, at the time and place, and for the purposes, 
expressed in the warrant. 

Sec. 10. X^onstables or other persons designated to summon the inhab- Constables' 
itants to assemble in town meeting, annual or special, shall serve the same <l^*y« 
by posting said summons in at least three of the most public places in 
their respective towns at least fourteen days, exclusive of the day of 
posting such summons, before the time appointed for such meeting. 

Sec. 11. If, by reason of death, resignation, disqualification or removal Majority of 
from the town, a majority of the Selectmen thereof originally chosen^ ®^®^J^^®*^ 
vacate their office, those who remain in office may call a town meeting, meeting. 

Sec. 12. At every town meeting, except the first called by the County Moderator to 
Commissioners, and except for the election of national, State, Circuit and be chosen. 
County officers, a Moderator shall first be chosen. 

Sec. 13. During the election of Moderator, the Town Clerk, if present. Presiding 
shall preside ; if he is absent or there is no Town Clerk, the Selectmen officer. 
present shall choose one of their number to preside. And the Town 
Clerk and Selectmen, respectively, shall, in such case, have the powers 
and perform the duties of a Moderator. 

Sec. 14. Moderators shall preside in the meeting ; may in open meet- Duties of. 
ing administer the oaths of office to aliy town officer chosen thereat ; shall 
regulate the business and proceedings of the meeting ; decide all ques- 
tions of order, subject to an appeal to the meeting, and make public 
declaration of the result of all votes. When a vote so declared by him is 
immediately upon such declaration questioned by seven or more of the 
voters present, he shall make the vote certain by polling the votes or di- 
viding the meeting, for which purpose he may appoint tellers. 

Sec. 15. No person shall speak in the meeting without leave of the Maintain or- 
Moderator, nor while another person is speaking by his permission ; and der. 
all persons shall at his request be silent. 

Sec. 16. If a person behaves in a disorderly manner, and after notice Penalty for 
from the Moderator persists therein, the Moderator may order him to with-.<lisorder at 
draw from the meeting, and on his refusal may order the Constable, or ^^^ "^* 
any other person or persons, to take him from the meeting and confine 
him in some convenient place until the meeting is adjourned. The per- 
son so refusing to withdraw shall, for every such offfence, forfeit a sum not 
exceeding twenty dollars. 

Sec. 17. a Moderator or other presiding officer who, at a town meeting Penalty for 
before the poll is closed and without the consent of the voter, reads, ?P.®"*^^ J^^^' 
examines, or permits to be examined, the names written on such voter's closing poll, 
ballot, with a view to ascertain the candidate voted for by him, shall for- 
feit the sun^ of fifty dollars. 

Sec. 18. At the annual meeting, every town shall choose from the Town offi- 
iuhabitants thereof the following town officers, who shall serve during the ^^^^* 
year, and until others are chosen and qualified in their stead : 1. A Town ^^ 

Clerk, who, if present, shall be forthwith sworn, either by the Moderator 
or a Justice of the Peace. 2. Three Selectmen. 3. One or more sur- 
veyors of highways. 4. One Constable. All the town officers designated 
herein shall be sworn. 

Sec. 19. The election of Town CSerks, Selectmen, Constables and the Mode of 
Moderator of the meetings held for the choice of town officers shall be by election. 



148 STATUTES AT LARGE 

A. D. 1868. written ballots ; and the election of all other town officers in such mode 
^'"-'V"^ as the meeting determines, except in cases otherwise provided by law. 

Sec. 20. Every person chosen Constable shall, if present, forthwith 
Constab es. (j^dare his acceptance or refusal of the office ; if he does not accept, the 
town shall proceed to a new election until some one accepts the office and 
takes the oath. 
A full Board. Sec. 21. If a toi'^n, at the annual meeting, fails to elect a full Board of 
Selectmen, or if any of the persons chosen are disqualified, refuse to act, 
or omit to be qualified according to law, the Selectmen or Selectman 
chosen and qualified may sign warrants for town meetings until a full 
Board is elected. 
Policemen ^^^' ^^" ^^® Selectmen of each town may at any time appoint police- 
men, with all or any of the powers of CJonstables, except the power of 
serving and executing civil process, who shall hold their office during the 
pleasure of the Selectmen by whom they are appointed. 
Oath of of- S^^* ^^' -^^^ *^® election or appointment of town officers, who are re- 
fide, quired to take an oath of office, the Town Clerk shall forthwith make out 
a list containing the names of all such persons not sworn by the Moder- 
ator, and the designation of the offices to which they are chosen, and de- 
liver the same, with his warrant, to a Constable, requiring him, within 
three days, to summon each of such persons to appear and take the oath 
of office before the Town Clerk within seven days after such notice ; and 
the Constable shall, within seven days, make return to the Town Clerk. 
Penalty for Sec. 24. If a person so chosen and summoned, who is not exempt by 
not qualify- Jaw from holding the office to which he is elected, shall not, within seven 
^^^' days, take the oath of office before the Town Clerk, or before a Justice of 
the Peace, and file with the Town Clerk a certificate thereof, under the 
hand of such Justice, he shall, unless the office to which he is chosen is 
that of Constable, or some other for which a difierent^penalty is provided, 
forfeit five dollars. -^ 
Vacating Sec. 25. A person removing from the town in which he holds a town 
office. office thereby vacates such office. 

Vacancies- Sec. 26. When a vacancy occurs in atoYm office by reason of the non- 
filled, acceptance, death, removal, insanity or other disability of a person chosen 
thereto, or by reason of failure to elect, the town may fill such vacancy 
by a new choice at any legal meeting. 
Exempta, Sec. 27. No person shall be obliged to serve in the same town office 
two years successively ; and no person in commission for any office of this 
State or of the United States, or who is a minister of the Grospel, or a mem- 
ber of the Senate or House of Representatives, or who has been a Consta- 
ble of a town within seven years next preceding, shall be obliged to ac- 
cept the office of Constable. 
Town Clerk Sec. 28. Town Clerks shall record all votes passed at the meeting at 
shall record which he is elected, and at all the other meetings held during his con- 
votes, tinuance in office. 
Ipl Adihinister Sec. 29. He shall administer the oaths of office to all town officers 
daths. who appear before him for that purpose, and shall make a record thereof, 
and of the oaths of office taken before Justices of the Peace, of which 
certificates are filed. 
Clerk pro Sec. 30. When at a town meeting there is a vacancy in the office of 
tem. Town Clerk, or he is not present, the Selectmen shall call upon the quali- 
, fied voters present to elect a Clerk jpro tempore in like manner as Town 



OF SOUTH CAROLINA. 149 

Clerks are chosen. The Selectmen shall sort and count the votes and de- A. D. 1868. 
clare the election of such Clerk, who shall be sworn to discharge the ^— ^'V'-^ 
duties of such office at such meeting, and be subject to like penalties for 
not discharging them as Town Clerks for neglect of like duties. 

Sec. 31. When other duties than those mentioned in the preceding Appoint- 
Section are required to be performed by the Town Clerk, and by reason "^®^*^*^^®^^ 
of death, removal, or other cause, there is a vacancy in such office, or such 
Clerk is prevented from performing such duties, the Selectmen may, in 
writing under their hands, appoint a Clerk for the performance thereof, 
who shall be sworn, and immediately after entering upon the duties of his 
office make a record of such election or appointment. ^ 

Sec. 32. Every Selectman who enters upon the performance of his ^^^^^^^f^^ 
duties before taking the oath of office shall forfeit, for each offence, a sum f^e qi^f ify" 
not exceeding one hundred dollars. ing. 

Seo. 33. Selectmen shall be overseers of the poor in towns where other Overseers of 
persons are not specially chosen for that office. *^® Poor. 

Sec. 34. The Selectmen of towns shall, at least ten days before the Duties of Se 
annual town elections, and at least ten days before any general election, lectmen rel 
make correct alphabetical lists of all persons qualified to vote at such elec- yarding elec- 
tions; and shall, at least ten days before such elections, cause such lists ^^^** 
to be posted up in two or more public places in their respective towns. 

Sec. 35. The Selectmen shall be in session at some convenient place for Sessions. 
a reasonable time within forty-eight hours next preceding all meetings 
for the election of the officers provided for in this Act, and to be elected 
at any general election, for the purpose of receiving evidence of the 
qualifications of persons claiming a right to vote in such elections and of 
correcting the lists of voters. Such session shall be holden for one hour 
before the opening of the meeting on the day of election ; and notice of 
the time and place of holding sessions shall be given by the Selectmen on 
the lists posted up as aforesaid. 

Sec. 36. In every place where the number of qualified voters exceeds 
one thousand, a like session of the Selectmen shall be holden on the day 
immediately preceding the nf^eting, and for as much longer a time pre-* 
vious to said day as they judge necessary for the purpose aforesaid. 

Sec. 37. The Selectm^i shall enter on such lists the name of any per- 
son known to them to be qualified to vote ; and shall erase therefrom the 
name of any person known to them not to be qualified to vote. 

Sec. 38. The Selectmen, before entering upon the lists the name of a Naturalized 
naturalized citizen, shall require him to produce, for their inspection, his citizens, 
papers of naturalization, and be satisfied that he has been legally natu- 
ralized ; but they need not require the production of such papers after 
they have once examined and passed upon them. 

Sec. 39. Whoever gives a false name or a false answer to the Select- -psiXse names, 
men when in session for the purposes aforesaid, shall forfeit the sum of 
twenty dollars for each offence. ^ 

Sec. 40. A town officer who neglects or refuses to perform any duty Penalty foi^ 
required of him under the provisions of this Act shall, for every such town officers, 
offence, forfeit the sum of two hundred dollars. 

Sec. 41. The Selectmen shall have the general supervision of the con- General su- 
oerns of the town, and shall cause all duties required by law of towns, P^^vision. 
and not committed to any particular office, to be duly performed and 
executed. 



160 STATUTES AT LARGE 

A. D. 1868. Secl 42. The Selectmen shall, on or before the first day of January 
^^"■^"v-^"' in each year, obtain from the County Auditor of their respective CJounties 
Shall obtain a certified copy of the list of persons and taxable property in their re- 
County A^ spective towns, as determined by law for the assessment of State and 
ditor. County taxes ; and shall, in pursuance of the vote of the town at its last 

annual meeting, make out and deliver to the County Treasurer, on or 
Tax hill for before the fifteenth day of January in each year, a tax bill for the coUeo- 
collection. tion of town taxes. 

Shall audit ^^^' ^^' ^® Selectmen shall audit, and, in their discretion, allow the 
claims. claim of any person, against the town, for money paid for services per- 

formed for the town, according to law, and may draw orders on the 
County Treasurer for sums so allowed. 
Eecord of Sec. 44. The Selectmen shall keep a record of all accounts by them 
accounts. allowed, and all orders drawn on the treasury, and shall present to the 
annual town meeting a general statement thereof, and of the property, 
finances, and pecuniary condition of the town. 
Estimates. Sec. 45. The Selectmen shall make out and present to the annual town 
meeting estimates of the amount of money necessary to be raised to pay 
the expenses and liabilities of the town for the year ensuing, and of the 
rate of taxation necessary to be imposed to raise the same. 
Shall assess Sec. 46. For the purpose of keeping in repair highways and bridges, 
tax for the the Selectmen of each town shall, annually, previous to the fifteenth day 
hie hway 8<^f January, assess a tax of eighteen cents on every hundred dollars of 
and bridges, the lists of such town, to be paid in money or labor, at the option of the 
tax payer, and laid out in repairing highways and bridges ; and shall, 
annually, on or before the said fifteenth day of January, make out a tax 
bill for each surveyor, containing the amount of tax to be laid out by him 
in his district, with the amount of each person's tax annexed ip his name, 
accompanied with a warrant, signed by some Justice of the Peace of the 
town, authorizing such surveyor to collect such tax ; and the Selectmen 
shall deliver the several tax bills to the respective surveyors, and take 
their receipts for the same. 
Working on Sec. 47. Each person who shall fumish"Vork on the highways in pay- 
roads, ment of his highway tax assessed by the Selectmen, shall be allowed, for 
a good hand, at the rate of ten cents for each hour ; and the several 
towns, at the annual meetings, and, in case of their neglect, the Selectmen, 
may establish the price to be allowed for teams, carriages and tools to be 
employed in making repairs ; and in case of the failure of both the town 
and Selectmen to establish such prices, it shall be the duty of the high- 
Way surveyor of the district to make such allowances for the use of teams, 
carriages and tools as shall be equitable and just. 
Highway Sec. 48. The Selectmen shall divide their respective towns into a suf- 
districts. ficient number of highway districts, to be convenient for repairing high- 
ways, and may, from time to time, alter. the same; and it shall be the 
^ duty of each surveyor of highways to superintend the expenditure of 
the highway tax, and to take charge of and keep in repair, at all times, 
the highways in his district ; and he shall be responsible to the town for 
any damages which may be sustained by the town, through fault or neg- 
lect of the discharge of his duty. 
May raise Sec. 49. For the purpose of keeping the highways and bridges in re- 
a road tax. pj^jj.^ ^j^^ several towns in this State, at their annual meeting, or at any 
other legally warned meeting for that purpose, may raise, by vote, a tax 



OP SOUTH CAROLINA. 151 

of such a per cent, on the list of such town as such meeting may think A. D. 1868. 
necessary, in addition to the tax assessed by the Selectmen, to be paid in *«— ^^^v-^-^ 
labor, and expended in the several highway districts : Provided, That if, Proviso, 
in the judgment of the Selectmen of the town, any of the highway dis- 
tricts of such town shall not require the whole amount of the tax accru- 
ing from the list of the highway district to be expended within its limits, 
it shall be appropriated in any part of such town where the Selectmen 
shall direct. 

Sec. 60. The surveyors of the several districts, after receiving their Notice t o 
several tax bills and warrants, ^hall proceed to give notice to the several ^^ payers, 
persons liable to pay taxes in their districts of the amount of their taxes, 
and of the time and place in which, and teams, carriages and tools with 
which, they are required to pay their taxes in labor; but no person shall 
be liable to furnish any team, carriage or tool of which he is not the 
owner, except hoes, shovels or spades. 

Sec. 61. Such notice may be given to all persons resident in the town, To'non-res- 
either personally or by written notice left at their usual residence, and to idcnts. 
non-residents by a written notice left with, or at the residence of, their 
tenants, agents or other persons having the care of their property ; all of 
which notices shall be at least three days, ,and in case of persons residing 
out of the town, at least ten days, before the time appointed for them to 
commence their work ; and if such non-residents shall have no tenant or 
agent in the town, notice may be posted up in some public or conspicuous 
place in the district ; and the surveyors shall make and keep a minute of 
the time and manner in which the notice shall be given. 

Sec. 52. Any person, after he has commenced working in payment of Subject to 
his highway tax, shall be subject to the direction of the surveyor, as to direction. 
the times when and the places where his tax shall be paid and laid out in, 
labor. 

Sec. 53. At least three-fourths of the highway tax in any town, paya- Time of col- 
ble in labor, shall be collected and laid out between the fifteenth day of ^^c^^'*^. *^^ 
January and the first day of M^y, and the remainder between the first ®^P®^ ^"^• 
day of September and the first day of Nov^nber in each year, except as 
hereinafter provided. 

Sec. 54. On any extraordinary occasion, when any bridge or highway Duty of sur- 
shall be destroyed or impaired so as to require immediate repairs, or shall veyor on ex- 
be obstructed so as to require immediate labor to remove the obstruction, o^^ions!^'^^ 
it shall be the duty of the surveyor forthwith to cause the highway or 
bridge to be repaired or the obstruction removed ; and he may, for that 
purpose, call upon and notify any inhabitants of the district to affbrd him 
the necessary aid, or may hire other laborers, or employ other means to 
open or repair the highways and bridges ; and in such case the notice 
shall be .deemed suflicient to any person owing taxes payable in the dis- / 
trict, in order to make him liable for neglect to pay his tax in money, if 
such notice shall be given six hours previous to the time when he is re- 
quired to appear and labor. If any person shall, in such case, perform 
labor more than sufficient to pay the taxes due from him, or if a person 
not indebted for taxes shall perform labor, the amount of such labor, or 
the balance, may be credited to such person towards his highway tax the 
succeeding year. 

Sec. 55. If, in such case, any surveyor shall, for the space of twelve 
hours after application made to him for that purpose, neglect to call upon 



152 STATUTES AT LARGE 

A. D. 186a the inhabitants of his district, or use other proper means to repair or 
^'"-'V"^ open the highway or bridge which may be out of repair or obstructed, he 
Penalty for shall forfeit and pay to the Selectmen of the town, to be expended in re- 
Sie*^ p^ *^^ pairing highways in such district, the sum often dollars, wim costs, to be 
surveyor. collected in the name of the town, unless such surveyor shall show suffi- 
cient reason for such neglect. 
Neglect of Sec. 56. If, in such case, any inhabitant of any district, whose name 
persona call- shall be on the tax bill of such district, whether any tax shall be due 
^ ^^ from him or not, shall, for the space of six hours after being called on or 

notified by the surveyor for that purpose, without sufficient reason, neg- 
lect to turn out and assist in repairing or opening such highway or 
bridge, as he shall be required, he shall forfeit and pay to the Selectmen 
of the town the sum of three dollars, to be collected and expended aa pro- 
vided in the preceding Section. 
Liable in Sec. 57. If any person against whom a surveyor shall have a tax pay- 
money. . able in labor shall neglect, after being notified, as provided in this Act, 
to work out his tax, shall be liable to pay his tiuc in moiley ; and the sur- 
veyor shall proceed to collect the same, and shall have all the power 
which the County Treasurer has by law to collect State taxes ; and shall 
proceed in the same manner in the collection, and shall have the same 
fees. ^ 

Disbursing Sec. dS. It shall be the duty of each surveyor to lay out, in such man- 
moneys, jj^ jjg jjg j^^j think beneficial, in making aiid repairing highways in his 
district, all moneys collected by him in his tax biU, or received in any 
other way for that purpose. 
Keeping ac- Sec. 59. Each surveyor shall keep fair and regular accounts of all 
counts. labor performed and all moneys received and expended in hia district, 

. and of the labor that may have been performed by any persons over and 
above their taxes, and make return of his accounts to the Selectmen an- 
nually in the month of December. And it shall be the duty of such sur- 
veyor to pay over to the Selectmen any moneys which may remain in his 
hands unexpended ; and any moneys which may be so received from the 
Pay over surveyor shall be paid over by the Selectmen to the succeeding surveyor, 
unexpended^ be expended in the same district; and when any persons shall have 
™^'''^'- overpaid their taxes, in labor or otherwise, the balance shall be credited 
to such persons on their taxes for the succeeding year. 
Penalty for S^^* "^' If any surveyor shall havefidled to collect the taxes contained 
failure to col- in his tax bill, as required by law, or if he shall fail to pay over any 
lecL moneys which he may have collected and not expended, the Selectmen 

may proceed against him in the ^ame manner as provided by law in the 
case of delinquent County Treasurers or collectors of taxes. 
Damage for Sec. 61. If any person receive or suffer bodily injury or damage in his 
injuries. property through a defect or want of repair or of sufficient railing in or 
upon a highway, causeway or bridge, he may recover, in an action of tort, 
of the CJounty, town, village or city by law'obliged to repair the same, 
the amount of damage sustained thereby, if such County, town, village or 
city had reasonable notice of the defect, want of repair or of sufficient rail- 
ing, or if the same had existed for the space of twenty-four hours previ- 
ous to the occurrence of the injury or damage ; but no such damage shall 
be recovered by a person whose carriage and load thereon exceeds the 
weight of six tons. 
Costs. Sec. 62. If, before the entry of an action provided for in the preceding 



OP SOUTH, CAROLINA. 163 

Section, the defendant tenders to the plaintiff the. amount which he would A. B. 18G8. 
be entitled to recover, together with all legal, costs, and the plaintiff does ^— -y-^-^ 
not accept the same, and does not recover upon the trial more than the 
sum so tendered, the defendant shall recover his costs. 

Sec. 63. If a town n^lect to repair any of the ways or bridges which Neglect of 
it is by law obliged to keep in repair, or ne^leot to make the same safe town, 
and convenient, «uch town shall be liable, to mdictment and fine, as the 
Court in its discretion may order ; and the fine imposed in such case shall 
be certified to the County Commissioners by the Clerk of the Court, who 
shall assess the same upon the list of such town, and the same shall be 
collected in the same manner as provided by law for State and County 
taxes ; and the same, when collected, shall be laid out, under the direction 
of the County Commissioners, in the repair of highways and bridges in 
the County. 

Sec. 64. The Selectmen shall eaqh receive, for services performed under Compensa- 
this Act, one dollar and fifty cents per day; Town Clerks shall receive, tion of town 
for attendance on any town meeting, one dollar and fifty cents per day, ^ ^®^^* 
and for making lip records and recording all such matters and uiings as 
by law he is required 'to record, the same fees as are now allowed to a 
Register of Mesne Conveyance ; Highway Surveyors shall receive fifteen 
cents per hour for time necessarily employed in discharging the duties 
required by this Act. x 

Sec. 65. In the construction of this or any other statute, the following Rules for 
rules shall be observed, unless such construction shall be inconsistent Jhe construc- 
with the manifest intent of the Legislature or repugnant to the context of J^^^ o s - 
the same ; that is to say : 

1st. The word " town " may be construed to include the word " town- " 
ship." 

zd. The word " highway " may include " bridges," and shall be equiv- * 
alent to the words "County way," "County road," ''State road" and 
" common road." 

3d. The word " oath " shall include " affirmations," in cases where by 
law an affirmation may be substituted for an oath, and in like cases the 
word " sworn " may include the word " affirm." 

4th. The words " preceding " and " following," when used by way of 
reference to any Section of statutes, shall mean the Section next preced- 
ing or next following, unless some other Section is expressly designated in 
such reference. 

5th. Words purporting to give a joint authority to throe or more pub- 
lic officers, or other persons, shall be construed as giving such authority 
to a majority of such officers or persons. • 

6th. The word "sworn," when applied to public officers, shall be con- 
strued as referring to the oath prescribed by the Constitution. 

Sec. 66. This Act shall not be construed to interfere with the char- Charleston 
tered rights of any city or village heretofore existing in this State ; but all city shall not 
chartered cities and villages, except the city of Charleston, shall be i^"a^t^^hh)^ 
eluded in and form a part of the townships established under Section 11 
and 12 of an Act entitled "An Act to define the jurisdiction and duties 
of County Commissioners." 

Sec. 67. That so much of the first and tenth Sections of the Act entitled q ^ „ s truc- 
"An Act to define the jurisdiction and duties of County Commissioners " tion. 
as relates to roads, highways and bridges shall be construed as giving au- 
20 



m STATUTES AT LAEQE 

A. D. 1868. thority to County Cbmmissioners to exercise all flie powers herein given 
^— ^'^"^ to towns or town officers ovot the same, when such towns or town officers 

cannot or unreasonably neglect or refuse to exercise such powetrs. 
When to Sec. 68. This Act shall take effect as to each township on and after 
take effect completion of the duties assimed to County Commissioners, tinder Sec- 
ticms 11 and 12 of an Act entitled ''An Act to define thci jurisdiction and 
duties of County Commissioners." 
Inconsistent Ssa 69. AH Acts and parts of Acts inconsistent with this Act, or sup- 
Acts repealed plied by it, are hereby repealed ; and all offices, by whatever name known, 
' the functions and powers of which are conferred upon officers or persons 
Oflftcei abol- named in this Act, shall, upon the same going into effect as herein pro- 
ished. vided, be abolished. 

In the Senate House, the twenty-sixth day of September, in the year 
' of our Lord one thousand eight hundred and Goxty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robert K. Scott^ Governor. 



JOINT RESOLUTIONS. 



No. 72. JOINT RESOLUTION ratifying the Fourteenth Amendment 

TO THE Constitution of the United States. 

P bl Whereas both Houses of the Thirty-ninth Congress of the United 
States, at its first session, by a constitutional majority of two-thirds 
thereof made the following proposition to amend the ConstituKon of the 
United States, in words foflowing, to-wit : 

Joint Resolution proposing an amendment op the Constitu- 
tion OP the United States. 



^ 



Proposition JR^ u resolved by the Senate and House of Representatives of the United 
Oo^iJstitution^*^*®^ of America in Congress assembled, (two-thirds of both Houses 
of the United concurring,) That the following Article be proposed to the Legislatures 
States. of the several States, as an amendment to the (uonstitution of the United 

States, w^ich, when ratified by three-fourths of said Ijegislatures, shall 

be vaUd as a part of the Constitution, viz. : 

ARTICLE XIV. 

Who are Section 1. All persons bom or naturalized in the United States, and 
citizens. subject to the jurisdiction thereof, are citizens of the United States, and of 
the State wherein they reside. No State shall make or enforce any law 
' which shall abridge the privileges or immunities of citizens of the United 

Privileges, grates ; nor shall any State deprive any person of life, liberty or property 
without due process of law; nor deny to any person within its jurisdic- 
tion the equal protection of the laws. 

Sec. 2. Representatives, shall be apportioned among the several States 



OP SOUTH CAROLINA. 166 

according to their respective numbers, counting the whole number of per- A. D. 1868. 
sons in each State, excepting Indians not taxed ; but when the right to ^•^•"-v'---^ 
vote at any electicm for the choice of Electors for President and Vice- Apportion- 
President of the United States, Representatives in Congress, the execu- ^gentationf" 
tive and judicial officers of a State, or the Legislature thereof, is denied 
to any of tlft male inhabitants of such State, being twenty-one years of age 
and- citizens of the United States, or in any wav abridged, except for paiT ^^^^ of rep- 
ticipation in the rebellion or other crimes, the basis of representation ^esentatioiv 
shall be reduced in the proportion which the number of such male citi- 
zens shall bear to the whole number of such citizens twenty-on^ years of 
age in such State. 

Sec. 3. No person shall be a Senator or Representative in Congress, or Political dis- 
Elector of President or Vice-President, or hold any office, civil or mili- abilities, 
tary, under the United States, or under any State, who, having previously 
taken an oath as a member of Congress, or as an officer of tlie United 
States, or as a member of any State Legislature, or as an executive 
or judicial officer of any State, to support the Constitution of the United 
States, shall have engaged in insurrection or rebellion against the same, Removal of 
or given aid or comfort to the enemies thereof; but Congress may, by a political dis- 
vote of two-thirds of each House, remove such disability. abilities. 

Sec. 4. The validity of the public debt of the United States, authorized Validity of 
by law, including debts incurred for the payment of pensions and bounties *^o public 
for services in suppressing insurrection or rebellion, shall not be ques- ^ 
tioned. But neither the United States nor any State shall assume or , 

pay any debt or obligation incurred in aid of insurrection or rebellion rebellion or 
against the United States, or anv claim for the loss or emancipation of for slaves in- 
any slave ; but all such debts, obligations and claims shall be held ille- valid. 
gal and void. p f 

Sec. 6. The Congress shall have power to enforce by appropriate legis- congreiw to 
lation the provisions of this Article. enforce. 

Therefore, reaolved, That the said proposed amendment to the Consti- Katification 
tution be, and the same is hereby, ratified by the General Assembly of ^y..^^^^^ ^*" 
the State of South Carolina. 

Reaolvedy That certified copies of the foregoing preamble and resolu- Copies to bo 
tions be forwarded by the Governor to the President of the United States, ^^^^^^|j ^ 
to the presiding officer of the United States Senate, and the Speaker of ^cera. 
the United States House of Representatives. 

In the Senate House, the ninth day of July, in the year of our Lord 
one thousand eight hundred and sixty-eight. 

DAVID T. CORBIN, President of the Senate pro tempore. 
FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robert K. Scott, Grovemor. 



JOINT RESOLUTION for fitting up and furnishino a resi- No. 73, 

DENCE FOR THE GOVERNOR OF THE StATE. 

Be it resolved by the Senate and House of Representativeis of 
the State of South Carolina, now met and sitting in Greneral Assembly, Appropria- 
and by the authority of the same, That the sum of twenty-five hundred tions. 



156 STATUTES AT LARGE 

A. D. 1868. dollars be, and the same is hereby, appropriated for the fitting up and 
furnishing of the house on Arsenal Hill as a residence for the Governor 
of the State, to be expended under the direction of the Governor. • 

In the Sepate House, the twenty-sixth 4ay of August, in the year 
of our Lord one thousand eight hundred and sixty-eight. ' 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Repr^entatives. 
Approved : Robebt K. Scott, Governor. 



No. 74. A JOINT RESOLUTION providing for drawing prom Treas- 
urer OP State the sum op seventy thousand dollars, to 

PAY THE per diem AND MILEAGE OP MEMBERS OP THE GENERAL 

Assembly, and pay subordinate oppic^fRS. 

Resolved, That the officers named for that purpose in an Act passed at 

Pay certifi- ^^e present session of the Legislature, approved AJhgust 20th, 1868, en- 

cates. titled "An Act to make approjpriation for the payment of the expenses of 

the present session of the. Legislature, and to meet certain deficiencies in 

I J n%.\ *^® appropriation for the fiscal year commencing on the first of October, 

f^^^^i^l one thousand eight hundred and sixty^v^ttT^ade^By Gfeneral Ordera 

g/^Ji:> I / No. 139, dated at Charleston; December 3, 1867," draw pay certificates 

^ ' or orders in favor of the officers, members and employees of this Greneral 

Assembly, to the 31st of August, inclusive, and that the amount of 

$70,000 ap- seventy thousand dollars to be drawn from the Treasurer in payment on 

propriated. account of per diem, mileage and services; and that the same be drawn 

at the Treasury as provided for by the aforesaid Act, said pay certificates 

and orders to be made out according to the ^^jyro rata!* scale prepq,red by 

the Committee of Ways and Means of the House of Representatives, and 

the Committee of Finance of the Senate, and hereunto annexed. 

Li the Senate House, the second day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved : Robebt K, Scott, Governor. 



No. 75. JOINT RESOLUTION authorizing the issuing of a new war- 
rant BY THE Comptroller-General op South Carolina to 
W. W. Woodward, late Sheriff of Barnwell County, South 
Carolina. 

Preamble Whereas, on the twelfth day of May, one thousand eight hundred and 
sixty-eight, S. L. Leaphart, Comptroller-General of the State of South 
Carolina, issued to W. W. Woodward, Sheriff of Barnwell County, South 
jDaroIina, a warrant directed to the Treasurer of said State for the pay- 



OF SOUTH CAROLINA. 167 

m^t of the sum of two hundred and fifty-five dollars and twenty cents A. D. 1868. 
($265.20)> payable to the said W. W. Woodward, Sheriff as aforesaid, ^-^v^*-^ 
or order, the said sum being the amount of the account of said Sheriff for 
dieting prisoners in the month of April, one thousand eight hundred and 
sixty-eight; and whereas the said warrant has bieenlost or destroyed, the 
same being still unpaid : 

Thereforey he it resolved, by the Senate of the StatjB of South Carolina, Comptrol- 
the House of Representatives concurring. That a new warrant be issued J® ^j'^^^*^*^ 
by the Comptroller-General of South Carolina to the said W. W. Wood- new Warrant 
ward. Sheriff as aforesaid, fgr the amount aforesaid, and payable as afore- to W . W . 
said, on condition that the said W. W. Woodward execute to the Comp- Woodward. 
troller-General aforesaid a bond in twice the amount of said warrant. Bond, 
with good and sufiicient sureties, to be approved by said Comptroller- 
General, to indemnify said Comptroller-General against all loss by reason 
of the issuing of said new warrant. 

In the Seriate House, the eleventh day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKIilN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robert K. Scott, Governor, 



A JOINT RESOLUTION to provid:^ for the publication of No. 76. 
THE Acts of the present session op the General Absembly. 

Be it resolved by the Senate and House of Representatives of the 
State of South Carolina, now met and sitting in General Assembly, f^** \^^^*^ 
and by the authority of the same, That the Attorney-General and Secre- General ^nd 
tary of State be, and they are hereby, authorized to provide for the publi- Secretary of 
cation in such newspapers of the State, aa may be by them deemed neces- ^*?*\*^ ^^" 
sary, of the Acts and Resolutions of the present session of the Genei»l *^ * 

Assembly ; and they are further authorized to cause the same to be pub- 
lished in the usual pamphlet form, for general distribution throughout the 
State; that the Treasurer is hereby authorized to pay all accounts duly Ti5®*^j^?5 
audited by said Secretary of State and Attorney-General, out of any funds p^y expenses 
appropriated for the jJayment of the expenses of the General Assembly. 

In the Senate House, the twenty-second day of September, in the year 
of our Lord one thousand eight hun(u:ed and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved : Robert K. Scott, Grovernor. 



A JOINT RESOLUTION to authorize the appointment op a No. 77. 
Commissioner to take charge op the property known as the 
State Works in the Town op Greenville, in this State. 

Be it resolved by the Senate and House of Representatives of the 
State of South Carolina, now met and sitting in General Ai^embly, and 



158 STATUTES AT LABGE 

A« D. 186& by the authority of the same, That the (jov(»iior be, and is hereby, 
^'— "v**^ authorized to wpoint a Commissioner, for and in behalf of the State, to 
CommHwion take charge of the State Works at Greenville, in this State, and all notes 
appointed, ^jjj papers connected therewith* 

In the Senate House, the twenty-fourth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jb., Speaker House of Representatives. 
Approved: Robert K. Scott, Governor. 



No. 78. JOINT RESOLUTION indemnifying John G. Itgen from all 



FINES AND PENALTIEB. 



Whereas John G. Itgen, of the city of Charleston, did, during the 
year Anno Domini one thousand eight hundred and sixty-seven, erect a 
Preamble, wooden building on the North side of Tradd street, on made land, near 
the water, in the city of Charleston-; and whereas the erection of said 
building was in violation of the provisions of an Act entitled " An Act 
for the rebuilding of the city of Charleston," passed June first, Anno 
Domini one thousand eight hundred and thirty eight, as amended by an 
Act entitled " An Act to amend the laws in relation to the erection of 
wooden buildings in the city of Charleston," passed' December twenty- 
first. Anno Domini one' thousand eight hundred and fifty-six ; and 
whereas the said building was erected by the permission of the City 
Council of Charleston, and under a misapprehension of the proper con- 
struction of the aforesaid Acts ; therefore, 
. Besohed, by the Senate, the House of Bepresentatives concurring, 
fr^penaUy* That the premises upon which the said wooden building has been erected 
' by the said John G. Itgen be, and the same are hereby, exempted firom 
the effects of the aforesaid Acts, and the said John G. Itgen is hereby 
indemnified against all fines and penalties for the violation of the 
same. 

In the Senate House, the twenty-fifth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Bepresentatives. 
Approved: Robebt K. Scott, (Jovemor. 



No. 79. JOINT RESOLUTION to ikquibe into the liabilities op the 

Bank op the State. 

Section 1. Beit resolved by the Senate and House of Representatives 

appoSted ^^ ^^ *^ ®***® ^^ South Carolina, now met and sitting in General Assembly, 

and by the authority of the same. That a Committee of three, to consist of 



OP SOUTH CAROLINA. 159 

two members of the House of Representatives and one member of tlie -A.. D. 1868. 
Senate, be appointed to inquire into the assets and liabilities of the Bank ^*— v*-^ 
of the State of South Carolina, and report at the next regular session of 
the Greneral Assembly. 

Sec. 2. That said Committee be instructed to inquire into and ]^pdrt Duties of 
• for what debts of said Bank the State is liable. Committee. 

Sec. 3. Also, to report whether the debts of said Bank, or any part 
thereof, were created to aid the rebellion, or exist in consequence of the 
rebellion, or are in any way tainted with the rebellion, so that the pay- 
ment thereof by the State is prohibited by the Constitution. 

Sec. 4. That said Committee have power to examine the books and Powers, 
papers of said Bank, and to summon witnesses and examine them, under 
oath, relative to all matters touching the operations and conduct of the 
a£&irs of the said Bank. 

In the Senate House, the twenty-fifth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved : Robert K. Scott, Governor. 



JOINT RESOLUTION to carry out the contract made be- No. 80. 

TWBEN the late CoNSTITUTIOKAL CONVENTION AND DeNNY & 

Perry for printing the proceedings op said Conve|Jtion. 

Be it resolved by the Senate and House of Representatives of the State 
of South Carolina, now met and sitting in General Assembly, and,by the 
authority of the same. That in order to carry out the contract made .-^PP^^P^^*" 
between the late Constitutional Convention and Denny & P^rry for print- ^^^* 
ing the proceedings of said Convention, sixteen hundred dollars, or so 
much thereof as may be necessary, be, and is hereby^ impropriated, out 
of any money not otherwise appropriated^ for the purpose of finishing the 
said work. 

Resolved, That the Governor and Treasurer of the State are hereby Governor 
authorized and directed to see that the details of said contract are com- ^^^ Treasu- 
plied with. ^^^' 

Resolved, That the contract shall be so altered as to require that the j.. ., . 
pamphlets, when completed, shall be delivered to the Secretary of State, 
ai^ that said officer is hereby directed to furnish, immediately upon the 
completion of the pamphlets, one copy each to the members of the late 
Constitutional Convention and to each of the members of the present 
General Assembly. 

In the Senate House, the twenty-sixth day of September, in the year 
of our Lord one thousand eight hundred and sixty-eight. 

L. BOOZER, President of the Senate. 

FRANKLIN J. MOSES, Jr., Speaker House of Representatives. 
Approved: Robert K. Scott, Governor. 



160 STATUTES AT LARGE 



MILITARY ORDERS affirmed and declaked valid by Act 

No. 41, ENTITLED "An AcT TO QUIET BIGHTS VESTED UNDER MIL- 
ITARY Orders." 



Headquarters Second Militaey District, 
Charleston, S. C, April 11, 1867. 
General Orders, No. 10. 

^^ ^^ ^^ ^^ ^^ ^^ ^^ ^^ 

13. The orders heretofore ia^ued in this Military Department pro- 
hibiting the punishment of crimes and offences by whipping, maiming, 
branding, stocks, pillory, or other corporal punishment, are in force, and 
will be obeyed by all persons. 

^^ ^^ ^^ ^^ ^^ ^^ ^^ ^^ 

By Command of Major-General D. E. Sickles, 

J. W. CLOUS, 
Captain 38th TJ. S. Infantry. 

A. D. C, & A. A. A. G. 



Headquarters Second Military District, 
Charleston, S. C, December 3, 1867. 

General Orders, No. 139. 

I. To provide for the support of the Provisional Government of South 
Carolina for the vear commencing on the first day of O ctober. 186 7, and 
ending on the thirtieth day of 'September, TSBSjjj^e Act of the General 
Assembly, "''To "rjuse supplies for the year commencing in October, one 
thousand eight hundred and sixty-six," approved December 21, 1866, 
■will, as hereinafter modified, be continued m force until superseded by 
legislation, or until otherwise ordered by proper authority. 

ARTICLES TAXED AD VALOREM. 

1. On all real estate, twenty-five cents on every hundred dollars : 
Provided, That on such lands as may be in the possession of the Bureau 
of Refugees, Freedmen and Abandoned Lands on the first day of Jan- 
uary next, and the owner or claimant is thereby deprived of its occupa- 
tion and use, such tax shall not be collected ; on the capital stock olfeall 
gas-light companies, twenty-five cents on every hundred dollars ; on ar- 
ticles manufactured for sale, barter, or exchange, between the first day of 
January, one thousand eight hundred and sixty-seven, and the first day 
of January, one thousand eight hundred and sixty-eight, twenty cents on 
every huiidred dollars, to be paid by the manufacturer ; on the market 
value of the gr^ss amount of spirituous liquors manufactured from the 
first day of January to the thirty-first day of December, 1868, five per 
cent., to be paid quarterly at the end of each quarter to the Tax Collectors 
of the Districts in which it was manufactured ; on buggies, carriages, gold 



OP SOUTH CAKOUNA. 161 

and silver plate, watches, jewelry and pianos, on hand on the first day of 
January, 1868— except wnen held by dealers for the purpose of sale — one 
dollar on every hundred dollars. 

TAX ON INCOMES. 

2. Upon all gross incomes derived from employments, faculties and 
professions, including the profession of dentistry, (whether in the profes- 
sion of^the law the income be derived from the costs of suit, or fees, or other 
source of professional incomes), excepting clergymen, two and one-half 
dollars on every hundred dollars ; from commissions received by brokers^ 
vendue masters, factors, commission merchants, dealers in exchange (for- 
eign or domestic), or in mortgages, bonds and other negotiable papers, two 
and one-half dollars on every hundred dollars ; from premiums received 
by insurance companies or underwriters, two dolUrs on every hundred dol- 
lars ; from the receipts of express or other transportation companies earned 
within the limits of the State, one dollar on every hunored dollars; 
and from the receipts of tele^aph companies earned within the limits of 
the State, two and one-half dollars on every hundred dollars ; from the sale 
of newspapers or magazines, one dollar on every hundred dollars; on the 
gross receipts of newspapers published in the State, twenty cents on every 
hundred dollars ; from the sale of goods, wares, or merchandise, embrace 
ing all the articles of trade, sale, barter, or exchange, (cotton taxed by 
the United States excepted,) which any person shall make between the 
first day of January and the thirty-first day of December, 1868, to be 
paid quarterly at the end of each quarter to the several Tax Collectors, 
twenty cents on every hundred dollars ; on the gross profits of all banks 
or banking institutions, two dollars on every hundred dollars ; on the gross 
incomes derived &om the arts of photographing or daguerreotyping, one 
dollar on every hundred dollars ; on all incomes from salaries, r^its, 
dividends, and money at interest, one dollar on every hundred dollars in ex- 
cess of five hundred dollars ; on the gross incomes of all railroads (not ex- 
empted by law), &om earnings withm the State, one dollar on every hun- 
dred dollars. AH persons keeping hotds shall pay a tax of two dollars 
on every hundred dollars of gross income ; all persons keeping restau- 
rants or eating houses shall pay a tax of two dollars on every hundred 
dollars of gross income ; all persons keeping livery stables shall pay a 
tax of two dollars on every hundred dollars of gross income ; all butchers 
and hucksters shall pay a tax of one dollar on every hundred dollars of 
gross income ; all persons keeping billiard tables shiall pay a tax of five 
dollars on every hundred dollars of gross income ; all persons keeping 
bowling alleys shall pay a tax of five dollars on every hundred dollars 
of gross income ; all persons keeping bar-rooms, whether connected with a 
hotel or otherwise, shall pay a tax often dollars on every hundred dollars of 
gross income ; all persons keeping ferries or bridges shall pay a tax of one 
dollar on every hundred dollars of gross income ; all persons keying toll 
gates shall pay a tax of one doll^ on every hundred dollars of gross 
income ; each person or company keeping a public race track shall pay 
a tax of one hundred dollars ; upon each public hac^, stage coach, bag- 
gage wagon and omibus drawn by two or more horses there shall be paid 
a tax of ten dollars, and upon each dray and cart or baggage and ex- 
press wagon drawn by one horse a tax of five dollars. 

21 



102 STATUTES AT LARGE 

TAXES IMPOSED FOB CERTAIN PBIVILEOES. 

3. All persons representing for gain or reward any play, comedy, 
tragedy, interlude, or farce, or other employment of tne stage, or any 
part therein, or exhibiting wax works or other shows of any kind whatso- 
ever, shall pay a tax of ten dollars per day, to be paid into the hands of 
the Clerks of the Courts, or df a Magistrate iii the absence of the Clerk, 
who shall be bound to collect and pay the same into the public treasury, 
except in cases where the same is now required by law to be paid to cor- 
porations or otherwise. Upon every taking out of a charter, except for 
religious, charitable and educational institutions, there shall be levied a 
tax of twenty dollars ; upon each renewal of a charter liable to tax under 
this order, ten dollars ; and all companies incorporated in other States 
shall pay for the privilege of carrying on their business in this State the 
same charter fee as is required of companies incorporated in this State. 
All circus exhibitions, to be paid at the time, fifty dollars per day. Each 
and every person keeping a dog or dogs, shall pay a tax of one aollar for 
each dog. For the privilege of selling lottery tickets within the limits of 
this State, five hundred dollars per month, to be paid monthly or quar- 
terly in advance to the Treasurer of the State of South Carolina, who, 
upon such payment, shall grant a lic^ise for the time for which such pay- 
ment has biBcn made, but not for less than one month. 

SPECIAL TAX. 

4. A capitation tax of one dollar shall be paid by every male person 
between the ages of twenty-one and sixty, residents of the State on the 
first day of January, one thousand eight hundred and sixty-eight, except 
such as are incapable of earning a support by reason of mental or phys- 
ical disability : Provided, That double executions for the non-payment of 
the capitation tax of the past year shall not be enforced, and that in all 
<»8es where execution has not been issued and no costs have been in- 
curred, the tax may be dischai'ged by the payment of the original amount 
on or before the first day of March, 1868. 

5. All taxes ^evied on pr(^)erty, as prescribed in this order, shall be 
paid to the Tax Collector for the District or Parish in which said property 
is located, except that the tax on railroad companies, express companies, 
and telegraph companies, shall be returned to and paid directly into the 
Treasury of the State ; and this return shall be made qua^i;erly. 

6. All individual taxes will be assessed directly upon and collected 
directly from the individuals from whom they are due. 

7. The houses and lots on Sullivan's Island shall be returned to the Tax 
Collector of the tax district in which they are situated, in the same man- 
ner as other town lots and houses^ and shall be liable to the same rates of 
taxation. 

8. Before the collection of tlie taxes herein provided for, every Assessor 
(or Tax Collector actii^ in the capacity of Assessor) in this State shall 
proceed to make an aa valorem assessment of all lands, buildings and 
improvements, without distinction as to city, town or country property, 
and upon all other property upon which an ad valorem tax has been 
levied, with . reference to the market value of such property in United 
States currency, and without reference to any previous assessment ; and 



OP SOUTH CAROLINA. 168 

such assessments shall be subject to revision by military authority. Each 
Assessor, and each Tax Collector acting as Assessor, before entering upon 
his duties as Assessor, shall take and subscribe before the Clerk of the 
Court of the District the following oath, which shall be endorsed on his 
commission, viz. : " I, A. B., do promise and swear that I will, to the best 
of iny ability, execute the duties of Assessor for my collection district, 
and will, without &vor or partiality, ascertain and assess the actual value 
of the property, real and personal, upon which an ad valorem tax is 
levied, before and for the purpose of levying such tax. 

9. Each Tax Collector shall attend at the court house of the tax dis- 
trict, (or if there be no court house, at some other public place,) daily for 
one week previous to making his final return, for the receipt of taxes of 
his respective District or Parish. All taxes on property imposed by the 
provisions of this order shall have reference both, as to possession and 
valuation to the first day of January, eighteen hujidred and sixty-eight, 
except where some other date is specially designated. All taxes on in- 
come imposed by the provisions of this Act shall have reference to the 
amount of such ijucome received between the first day of January, one 
thousand eight hundred and sixty-seven, and the first day of January, one 
thousand eight hundred and sixty-eight, and all such income tax shall be 
due and payable on or before the thirty-first day of March, 1868. 

iO. The taxes herein levied shall be paid only in gold and silver coin,' 
United States Treasury notes, or notes declared to be a legal tender by 
the Government of the United States, or notes of National Banks, or the 
Bills Receivable of this State, and also pay certificates of jurors and Con- 
stables for attendance on the Courts. The Tax Collectors of the several 
collection disfricts shall be allowed, on all sums of money paid into their 
hands for taxes, a commission as follows, that is to say : The Tax Collectors 
of Abbeville, Anderson, Barnwell, Chester, Clarendon, Darlington, Edge- 
field, Kershaw, Laurens, Newberrv, Orange, Richland, Spartanburg, 
Sumter, Union, York, Marion, St. Phillip's and St. MichaeFs, at the rate 
of four per cent. ; the Tax Collectors of Chesterfield, Fairfield, Greenville, 
Lancaster, Lexington, Marlboro, Pickens, St. Mathew's, Prince George's 
Winyah, St. Barfliolomew's, Williamsburg, at the rate of six per cent. ; 
the Tax Collectors of All Saints', Christ Church, Horry, Prmce Wil- 
liam's, St George's Dorchester, St. Helena, St. Jame's Goose Creek, St. 
James' Santee, St. John's Berkeley, St. John's Colleton, St. Peter's, St. 
Stephen's, at the rate of eight per cent.; the Tax Collectors of St. 
Andrew's, St. Luke's, St. Paul's, St Thomas* and St Dennis', at the rate 
of ten per cent. : Provided, That in any District where the gross amount of 
taxes paid in shall exceed the sum of thirty thousand dollars, the com- 
tiissions of the Tax Collectors shall be two per cent, on such excess, i 

11. In sales of real estate upon execution for non-payment of taxes, if 
the amount bid for such real estate be not greater than the amount of 
the execution and costs, it shall be the duty of the Sheriff* to bid in the 
property for the State^ and the title thereto shall thereupon be passed to 
the State, subject to such equitable rights of redemption as may here- 
after be determined upon by legislative authority. Imprisonfiient for over 
due taxes is abolished ; but whenever the amount of the tax, costs, &c., 
of any person cannot be made out of any property of which he is pos- 
sessed, the Sheriff* holding the execution shall make return thereot to 
the Commissioners of Roads or Public Buildings, or other appropriate 



164 SIATDTEB AT LAB6E 

mtiiiicip«l nuthantff wbo ma j eo£»oe the payineiit of the tax due by 
labor upon the roack^ bridges and other pabuc works : Provided^ That 
the commntitiop yalne of sach labor diall not be less than fifty cents for 
a labor day of dg^t houn. 

12. All taxes levied by this order, exc^ when sach taxes are payable 
miart^ly, shall be dne and payable as follows: one-half on or brfore the 
thirty-fint daj^ of March, one thousand eight hundred and sixty-eighty 
and the remaining half on or before the thutieth day of June, one thou- 
sand eight hundred and sixty-eight. Any person desiring to pay the 
whole amount of his taxes (except such as are returned quarterly) on or 
before the thirty-first day of March shall have the privil^e of so doing, 
and shall be oititled to a discount of five par c^it. upon the amount of 
taxes &lline due on die 30th day of June, 18^. 

13. No Tbjl Collector or Assessor shall receive his commissions until 
his returns have beei} received at the Treasurer's office, and been ap- 
proved by hinu 

14. Taxes levied by municipalities, corporations, or other local author- 
ities, under any goieral or epecial law of the Stat^ wiU conform in 
principal to the modifications hereinbefore made. 

APPBOPBIATIOVS FOB THE YEAB OOMHENCHrO OCTOBER 1, 1867. 

IL It is hereby ordered that the following sums shall be appropriated 
for the payment of the various offices and expenses of the State govern- 
ment: 

1. Executive Depabtbcent. — ^For the salary of the Governor, three 
thousand five hundred dollars ; for the Private Secretair of the Grov- 
emoT, twelve hundred dollars ; for the Messenger of the Governor, one 
hundred dollars ; for the Contingent Fund of the Executive Department, 
twenty-five thousand dollars, to be subject to the draft of the Governor, 
and to be accounted for annually by lum to the Legislature ; for the rent 
of the Governor's house in Columbia, three hundred dollars ; for Jbwo 
watchmen for the new State House and grounds, nine hundred and sixty 
dollars, to be drawn on draft of the State House Keeper ; for the salary 
and services of the Secretary of the State, in lieu of all charges against 
the State for signing commisssions, five hundred dollars. 

2. Leoislattve Depabtment. — ^For the salary of the Keeper of the 
State House and Librarian, three hundred dollars ; for contingent ex- 
penses of Legislative Library, to be paid on draft of the Librarian, ac- 
counted for by him at the Treasury, and reported by the Treasurer to 
the Legislature, two hundred dollars, if so much be necessary. 

3. JuDiciAKY Depabtment. — For the salary of the Chief Justice, 
thirty-five hundred dollars ; for the salaries of ten Judges and Chancel- 
lors, three thousand dollars each ; for the salary of the Attorney-Gene- 
ral, eleven hundred dollars ; for the salaries of five Solicitors, nine hun- 
dred dollars each ; for the salaries of thirty-one District Judges, at five 
hundred dollars each, fifteen thousand five hundred dollars ; for the 
Clerk of the Court of Appeals, who shall be the Librarian, eight hundred 
dollars, the same to include the expenses of ftiel ; for the salary of the 
Messenger of the said Court, two hundred and twenty-five dollars ; for 



OF SOUTH CAROLINA. 166 

the purchase of books for the library of the Court of Appeals, one thou- 
sand dollars, to be drawn an^ expended by order of the presiding Jus- 
tice ; for fire-wood and fuel for the Court of Appeals, fifty dollars, if so 
much be necessary ; for the salary of State Reporter, one thousand five 
hundred dollars ; and the several appropriations aforesaid, for the Clerks, 
Librarians, Messengers, Reporters, and for the incid^ital expenses of the 
Court of Appeals, shall be paid by the Treasurer, only upon warrants, to 
be drawn by the presiding Judge of the Court of Appeals, at such time 
and for such portions as he may deem just and proper; and it shall 
be the duty of said Reporter to attend in person or by deputy the sit- 
tings of the Court of Appeals, and to report such arguments and state- 
ments of fiicts as may be necessary to a correct understanding of the 
decisions of the said Court ; for the pay of jurors and Constables, sixty 
thousand dollars, if so much be necessary. 

4. Treasury Department. — For the salary of the Treasurer of the 
State, thirty-two hundred dollars, including the salaries of one or more 
clerks ; for the salary of the Comptroller-General, twenty-five hundred 
dollars, including clerk's salary, said clerk to be appointed by, and 
removed at the pleasure of, the Treasurer and Comptroller-General, 
respectively ; to the Comptroller-General, two hundred dollars, for mak- 
ing out copies of the tax returns in eighteen hundred and sixty-eight ; 
for publishing the tax and appropriatioQ orders, if so much be necessary, 
three hundred dollars, to be expended bv the Comptroller-General, and 
accounted for to the Legislature; for the contingent expenses of the 
Comptroller-General's and Treasurer's office, printing tax books and in- 
structions to Collectors, and distributing the same, three thousand five 
hundred dollars. 

5. The University op South Carolina.— For the salaries of eleven 
Professors, eleven thousand dollars ; for the Librarian of the University, 
who shall be the Secretary of the Board of Trustees, six hundred dollars, 
to be paid by the Treasurer of the State, quarterly, in advance, his drafts 
being countersigned by the Chairman of the Executive Committee of the 
Board of Trustees; for the salary of the Treasurer of the University, 
four hundred dollars ; for the salary of the Bursar and Marshal, four 
hundred dollars ; and for repairs to the University buildings, two thou- 
sand dollars, if so much be necessary : Provided, That the sums realized 
from rents of the University grounds and buildings shall first be appUed 
to this object, and only the excess be drawn from the Treasury. 

6. Ordinary Civil Expenses. — ^For the payment of the contingent 
accounts of the State, twenty-five thousand dollars ; for dieting and trans- 
porting prisoners, sixty thousand dollars, if so much be necessary ; for 
the support of free schools, twenty-five thousand dollars : Provided, That 
the amount thus appropriated shall not be expended until the Legislature 
shall have established a system of free schools, the benefits of which shall 
be extended to the children of citizens or residents of the State, without 
distinction of race or color ; for the Lunatic Asylum, nineteen thousand 
seven hundred and eighteen dollars : Provided, That the sum of six 
thousand dollars shall be refunded to the Treasury of the State when the 
arrearages due from the Commissioners of the Poor of the several Dis- 
tricts shall be paid. 



166 STATUTES AT LARGE 

7. Ordinary Local Expenditure. — ^For maintaining and keeping 
open the Roper Hospital, in Charleston, three thousand dollars, to be 
paid to the Medical Society in trust for the Roper fund, to defiray the 
expenses of said hospital ; for thc^alary of the Physician of the jail at 
Charleston, commencing the twentj-seyenth day of March, one thousand 
eight hundred and sixty-seyen, fiye hundred dollars per annum ; for en- 
forcing the quarantine in South Carolina, including salaries of Port Phy- 
sician and boat hire, eight thousand dollars, if so much be necessary ; for 
the transient poor of Charleston, eight thousand dollars, if so much be 
necessary. 

8. For the support of the Catawba Indians, twelve hundred dollars, if 
so much be necessary, to be paid to the order of the Indian Agent, and 
to be expended under the order of the Goyemor. 

9. Public Buildings. — ^For completing the roof of the State House 
in process of construction, two thousand dollars, if so much be necessary ; 
for continuing the construction of the Penitentiary, for the pay of officers 
and guards, mr subsisting guards and conyicts, and for clothing conyicts, 
eighty thousand dollars, to be paid on the drafts of the Goyernor, from 
time to time, as the seyeral sums may be needed. 

10. Extraordinary Expenditures. — For the rent and fixtures of a 
house for the use of the Court of Appeals, three hundred dollars, the con- 
tract relating thereto to be approved by the Chief Justice before the 
money is drawn on his order. 

11. It shall be the duty of the Commissioners of Public Buildings in 
the several Districts to furnish the Jailer or Sheriff thereof with a suffi- 
cient number of blankets for the comfort of all prisoners, and also td pay 
for such medical attention and medicines as may be required by the sick. 
The Sheriffs and Jailers of the several Disti^icts in this State will 
promptly make requisitions upon the Commissioners for blankets and 
medicines, and if the same are not furnished by the Commissioners within 
fiye days, the Sheriff shall report the failure to these Headquarters, riv- 
ing the names of the persons who may be the Commissioners in his Dis- 
trict. 

12. The contingent accounts of Clerks, Sheriffi, Coroners, Magistrates, 
Constables, and other officers of this State, shall be forwarded to the 
ComptroUer-Greneral, who shall audit the same, and if found conformable 
to law, he shall draw his warrant upon the Treasurer for the payment 
thereof. 

13. The Act entitled *' An Act to provide for the issue of Bills Receiv- 
able in payment of indebtedness to the State, to the amount of fiye hun- 
dred thousand dollars," passed December 21, 1865, and the' Act entitled 
" An Act to provide for the redemption of Bills Receivable, issued by 
this State," passed September 20, 1866, are hereby continued in force. 

14. The Treasurer of the State of South Carolina is hereby authorized 
to pay the appropriations herein made, and the salaries of public officers, 
payable by law, out of fiinds applicable thereto, which have &llen due 
since the first day of October, 1867, and which may hereafter fall due. 

15. No moneys raised under the provisions of this order, or the Acts 
herein mentioned, shall be applied to the payment of principal or interest 



OP SOUTH CAROLINA. 167 

of any debt contracted or incurred in support of the late war against the 
United States. 

16. The unexpended balance of appropriations made within the last 
two years and undrawn, may be paid by the Treasurer, according to the 
laws of South Carolina, except " for the salary of the Adjutant and In- 
spector-General," "support of Military Academy at Charleston," "for 
military contingencies," for seryjces of the Secretary of State in signing 
military commissions, and for support of free schools, which last shall 
remain in the Treasury, subject to the conditions of the proviso in Sec- 
tion 6. 

By Command of Brevet Major-General Ed. R. S. Canby. 

LOUIS V. CAZIARC, 

Aide-de-Camp, Acting Assistant Ajdutant-GeneraL 



Headquarters Second Military District^ 
Charleston, S. C, February 27, 1868. 

General Orders, No. 28. 

Authority having been conferred upon Brevet Major-Greneral R. K^ 
Scott, Assistant Commissioner of the Bureau of Refiigees, Freedmen and 
Abandoned Lands, for the State of South Carolina, to make advances in 
behalf of the Government of the United States in aid of the depressed 
agriculture of the State ; now, therefore, to the intent that proper securi- 
ties may be afforded for the repayment of such advances, it is ordered : 

1. That all advances made as aforesaid shall be and become a lien and 
charge upon the produce of the plantation toward and for the use of 
which the same may be advanced, prior to all liens and claims of any 
kind whatsoever, other than such as have or may be entitled to pri- 
ority under any Act of Congress ; also, upon all the property, real and 
personal, of the person or persons to whom or for whose oenefit such ad- 
vances may be made, subject to any right that may have existed prior to 
the date of the first advance made hereunder. 

2. The said Brevet Major-General R. K. Scott shall have authority in 
behalf of the United States, at any time when in his judgment said per- 
sonal property or said crop or produce is in danger of being destroyed, 
removed, wasted, or in any other manner lost or injured, so as to impair 
the security of the United State therein, to take into custody and posses- 
sion said personal property, crops and produce, and sell and dispose of 
the same for the best terms that can be obtained therefor, or so much 
thereof as shall be sufficient to satisfy the claim of the United States on 
account of such advance. 

3. Any person who shall, in violation of the rights of the United 
States in the premises, and with intent to defeat or impair the claims of 
the United States in respect thereof, secrete, remove, carry away, destroy 
or injure any property subject to such lien, shall be subject to the penal- 
ties provided by law in the case of larceny. 

4. The Major-General Commanding deems this a proper occasion to 



■ i 

16ft STATUTES AT LARGE 

advise all that the aid of the Government will be extended to those only 
who exhibit, by industry and good conduct, an earnest disposition to 
help themselv^. It must have the assurance that not only the advances 
now made will be repaid, but that the recipients of this aia will address 
themselves earnestly to the work of making such provision for the future 
as will relieve themselves from a state of dependency upon the Govern- 
ment, private individuals or charitable ipstitutions. No gratuitous issues 
of food will be made except to the infirm and helpless, as provided for 
by existing regulations, and then only when the local authorities are un- 
able to provide for the objects of charity that come legitimately under 
their care. The issues authorized by the Grovemment are made with the 
sole view of enabling the laboring population to procure employment, 
and by honest industry to secure a maintenance for themselves and 
those who are dependent upon them ; and while the agents of the Bureau 
will in all cases give their aid in procuring employment for those who 
are without it, in securing the best wages that can be obtained, and in 
protecting their interests by the enforcement of such contracts as may be 
made, the Grovemment will look with favor upon those only who merit it 
by industry and orderly conduct. 

^ 5. The attention of all officers and agents of the Bureau is especially 
called to the circulars and instructions from the office of the Assistant 
Commissioner ; and it is made their duty to examine carefully all appli- 
cations for aid that may be made by persons residing within their Dis- 

. tricts, and to approve those only that are in conformity with the pre- 
scribed conditions. 

By Command of Brevet Major-General Ed. R. S. Canby. 

LOUIS V. CAZIAEC, 

Aid-de-Camp, Acting Assistant Adjutant-General. 



INDEX TO ACTS. 



Xa y r />' ^ ^//- /^ ft 

PAGE 

Adjutant and Inspector General, salary of. 135 

Agricultural College, acceptance of public lands for < . . 1 

Statistics, Bureau established 118 

Air Line Railroad Company charter amended 76 

Counties may subscribe to stock of. 75 

Appeals to Supreme Court, Act regulating , 12 

shall operate as a supersedeas 12 

Appropriation for expenses of Legislature 11, 99 

contingent expenses of the State 11 

ComptroUer-Generars and Treasurer's office 109 

salaries of State officers 99 

Arrests and bail in civil actions regulated 124 

Assessors, duties of. ..••41, 45 

notice of annual meeting of 55 

official bonds of. 45 

penalty for failing to perform duties 52 

pay of. 65 

may appoint assistants 66 

Assessment and taxation of property, provisions for the. 27 

Attachments, Act to regulate 102 

Attomey-Greneral, duties and salary of. 88 

shall give advice to State officers 88 

may approve official bonds 70 

Attorneys, Solicitors and Counsellors, admission of persons to prac- 
tice as 96 

Auditor, State, powers of. 33 

pay of expenses of office of. 110 

County, duties of. 38, 49, 60, 62 

powers of. ....40, 54, 59 

salary of. 136 

B. 

Bail and arrest in civil actions regulated 124 

Bank of the State, to close operations of. * 21 

bills of, to be funded...... 22 

Acts relating to, repealed ^ 22 

Banks to make returns for taxation... 88 



2 INDEX TO ACTS. 

PAGE 

Beaufort, titles to lands sold by the United States for taxes, to be 

recorded 14 

County, capital removed fix)m Gillisonville. 24 

Bills Receivable, loan to redeem, authorized 17 

Blue Ridge Railroad, additional aid to 25 

property pledged to the State. 26 

Governor to represent stock of State..... 26 

advance of 820,000, to 26 

Bonds, State, made payable in citv. of New York 17 

sale o^ by Financial Agent 17 

and stocks shall be of uniform design 22 

of the Blue Ridge Railroad, endorsed by the State 25 

official, of certaSi County officers 19 

may be approved by Attomey-Greneral 70 

c. 

Capitol, State, for the preservation of. .' 75 

Cellars, repeal of Act to prohibit the digging of. * 96 

Charleston, quarantine established at • 112 

Chatham Railroad Coinpany may extend road to Columbia 70 

Cheraw and Coalfields Railroad Company charter amended 80 

change of name 81 

time of completion extended 81 

Hook and Ladder Company incorporated 3 

Cities and towns, election of officers of. 108 

College of Electors, formation of. '. Ill 

Columbia Canal, sale of authorized 83 

Commissioners to license pilots.... 110 

County, jurisdiction and duties of. 128 

shall divide Counties into assessment districts 44 

to provide books, Ac, for Probate Court 80 

Comptroller-General, to endorse bonds of Blue Ridge Railroad 25 

pay of contingent expenses in office of 109 

salary of. 135 

Constable of the State and Deputies 14 

Convicts discharged, transportation and clothing for 69 

Coroners, pay of ; 141 

Corporations, to make returns for taxation 37 

County officers, official bonds of certain 19 

Courts, admissions of persons to practice in .., 96 

Circuit, organization of % 5 

adjournment of.... 9 

amendment of Act to organize 72 

Judges, empowered to change venue 84 

pay of. 136 

to be Courts of Record 10 

to regulate practice of, in certain cases 136 

transfer of cases to.... 9 

Equity suits to 10 



INDEX TO ACTS. 3 

PAGE 

Courts of General Sessions, precedence of. 9 

Supreme, regulating appeals to 12 

organization of. 73 

power of to issue writs, &c. 74 

salary of Justices of 136 

Probate, jurisdiction and practice of 77 

appellate jurisdiction of. 78 

may commit lunatics to Asylum.... 80 

D. 

Discrimination in treatment of prisoners by Jailers prohibited 107 

Distress for non-payment of rent abolished 106 

E. 

Education, Superintendent of, duties, &c 23 

Educational Department, organization of. 22 

Election, manner of conducting next general * 138 

of officers of cities and towns 108 

Electors, formation of College of. Ill 

Equity, officers of, expiration of offices of. 5 

suits in, transferred to Circuit Courts 10 

Equalization, State Board of, for railroad property 34 

County Board of. 46 

Special Board for Charleston 46 

pay of. 66 

State Board of. 47 

pay of. 66 

powers of. • 48, 49 

Error, writs of, to Supreme Court, regulating. 12 

when operating as a «w^er«ede<w 13 

Executive, accommodation of the 85 

Executors, &c., personally liable for taxes 65 

Express Companies to make returns for taxation. 35 

p. 

Ferry, Kinsler's, extension of charter... 74 

roads to, declared public highways 118 

Island Ford, charter renewed 117 

Flour, amendment of Act providing for inspection of. 1 07 

Funds, manner of keeping and disbursing public * 15 

G. 

General Assembly, pay ol members of. ••• 11, 99, 106 

Orders No. 10, of 1867, paragraph 13 160 

139 of 1867 160 

28 of 1868 167 



J 



4 INDEX TO ACIB. 

PAGE 

Georgetown, quarantine established at. 112 

Gillisonville, County seat, removed to Beaufort. 25 

Govemor authorized to effect loan. 2 

to redeem Bills Beceivable. 17 

secure grant of public lands 2 

issue bonds and effect loan 18 

repair and alter Collie ChapeL 85 

appoint Magistrates 100 

leave the State under certain circumstances.. 145 

may appoint Enumerators 24 

may appoint certain County officers 66 

to dispose of assets of Bank of the State 21 

may assume control of State Police. 15 

Private Secretary for 11 

to supply temporary vacancies in office of. 101 

salary of. 135 

Greenville County, State Boad in, to be leased 82 

H. 

Hamburg, town of, charter repealed 97 

Hilton Head, quarantine established at. 112 

Homestead, to determine and perpetuate 19 

continue for widow and children .-i 20 

I. 

Incorporated cities and towns, election of officers of. 108 

Inspection of flour, Act providing for, amended. 107 

Insurance Agents, to make returns for taxation 37 

Insurrection and rebellion, to suppress.. 85 

Island Ford Ferry, charter of, renewed 117 

J. 

Judges of Circuit Courts empowered to change venue 84 

Judgments, re-examination of. -y 12 

reversal of ; 13 

Judiciary, provision for accommodation of 75 

Juries, to regulate the manner of drawing 119 

persons exempt from service on 119 

K. 

Kinsler's Ferry, extension of charter...; 74 

roads leading to, to be public highways 118 

Lands, acceptance of, from United States Government 1 

sold for United States taxes, in Beaufort County, titles to be 

recorded 14 



/f/^ 



INDEX TO ACTS. 5 

PAGE 

purchased by the State for taxes^ disposal of. 98 

how right oi way over, may be obtained ^ 89 

Xiangley Manufacturing Company incorporated * 2 

Xiaw suits against County officers 65 

luoan of one hundred and twenty-five thousand dollars .. 2 

to redeem Bills Eeceivable 17 

amendment 72 

additional tax to pay interest on 18 

to pay interest on public debt • 18 

pledges for payment of. 18 

M. 

Magistrates, temporary appointment of. 99 

jurisdiction of.. 100 

Mechanic Arts, acceptance of lands for College of. 1 

Military orders.. 160 

quieting rights vested under • 87 

Mining and Manufacturing Company, Wando, incorporated 67 

Money, public. Treasurer to deposit all 15 

so deposited, how drawn 16 

Court officers to deposit 16 

0. 

Oconee County, to establish as Judicial District 81 

Office, no person to be paid for services after removal from 12 

to punish persons who may attempt to hold by authority 

of the late Provisional Government 26 

Offices, regulating the tenure of certain 4 

persons holding after election of successors,. punishable 4 

Officers, time of filing bonds and qualifying 4 

disbursing of funds by certain, regulated 15 

official bonds of certain County 19 

election of, of Cities and Towns., 108 

extension of time to qualify 69 

of the Court of Equity 5 

Courts, to deposit moneys 16 

penalty for neglect of duty 66 

to fix the salary of certain..... 135 

who shall be parties in suits against Counties 65 

Orders, Military, quieting rights vested under 87 

General No. 10, of 1867, paragraphia 160 

139, of 1867 160 

28, of 1868 167 

P. 

Pawnbrokers to make returns for taxation 40 

Penitentiary, transportation for convicts discharged from 69 

to provide for government of. 92 



/tfr 



6 INDEX TO ACTS. 

PAGE 

Pickens County established as Judicial District 81 

Pilots, certain persons licensed to act as 110 

Commissioners empowered to license 110 

Police, State, established .•••• 14 

Poll tax,... 40 

Printing of tax law .• 67 

Prisoners, discrimination in treatment of, prohibited 1 07 

Private Secretary for Governor 11 

Probate Courts, established in each County 76 

jurisdiction of. 77 

powers to issue warrants, &c 77 

Property sold for tax^ may be purchased by State 59 

redemption of. 61 

purchased by the State for taxes, disposed of. 98 

Public lands, acceptance of, for Agricultural College. 1 

Q. 

Quarantine, established at Georgetown, Charleston and Hilton 

Head 112 

R. 

Bailroad, Blue Bidge, additional aid to 25 

officers to make returns for taxation • 82 

State Board of Eq ualization for property of. 34 

Cheraw and Coalfields, charter amended 80 

change of name. 81 

Chatham, extension of road to Columbia. » . . • • 70 

right of, to enter upon lands 71 

time to commence and complete 71 

Air Line, charter amended 75 

may create stock .c....*. 76 

Bebellion and insurrection, to be suppressed 85 

Bight of way, declaring the manner of obtaining 89 

Bights vested under Military orders, quieted •.* 87 

Boad, State, in Greenville County, lease of. 82 

to Kinsler's Ferry declared public highways 118 

s. 

School Commissioners to make enumeration of youth 23 

Secretary of State, salary of. 135 

Security, from the State not required 13 

Solicitors of Circuits, salary of 136 

State Capitol, preservation of , 75 

Boad, in Greenville County, lease of. 82 

Supreme Court, organization of. 73 

Sheriff of Bichland to provide accommodation, for. . . 74 

Surveyor-General, office abolished 135 



INDEX TO ACTS. 7 

T. 

PAQE 

Tax, additional, to be levied to pay interest 18 

Poll 40 

Law, printing of. 67 

who shall be deemed merchants under.. 31 

manu&cturers 32 

Taxable property 27 

'Taxation and assessmfent of property • • 27 

property exempt from 28 

who shall list property for ..* 30 

Taxes, when payable 56 

property sold for, may be purchased by State 59 

to be first liens 64 

Executors, &c., personally liable for 65 

Telegraph Companies, to make returns for taxation 35 

Townships, organisation, powers and privileges of. 146 

Treasurer, accounts of. Committee to examine 16 

County, pay of. ^ 136 

may enforce collection of penalties 38 

duties of. 56 

pay of expenses in office of. 109 

salary of. '. 136 

shall deposit all moneys 15 

V. 

Venue, Circuit Judges empowered to change 84 

w. 

"Wando Mining and Manu&cturing Company, charter 67 



3 2044 020 386 025 



AN OVERDUE FEE IF THIS lOOK » 
NOT RETUflNCD TO THE USIUJIV ON 
OR BEFORE THE LAST DATE VTUtPtD 
BELOW. NON-RECEIPT OF OVERDUE 
NOTICEa DOES HOT EXEMPT THE 
BORROWER FROM OVERDUE FEES. 



2 1 1978